Misc Pub 27-8 Legal Handbook Commander’s 2019


Preliminary Inquiries and Administrative Investigations



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
2. Preliminary Inquiries and Administrative Investigations
The following individuals may appoint a preliminary inquiry, administrative investigation or board any officer or civilian employee authorized to appoint aboard a commander at any level a special, personal or principal staff officer or supervisor in grade of major or above.
3. Special cases
Only a General Court-Martial Convening Authority (GCMCA) or general/flag officer in a command billet with a servicing SJA can appoint an investigation or board if there is property damage of $2,000,000 or more, the loss or destruction of Army aircraft or unmanned aircraft system with a replacement cost of $2,000,000 or more, an injury or illness likely to result in death or permanent total disability, the death of one or more persons. Class A training accidents resulting in, or likely to result in, the permanent total disability or death of one or more persons combat related deaths involving non-DOD personnel and insider (green on blue) attack will be appointed by the next superior authority to the GCMCA or general/flag officer authorized to appoint serious incident investigations.
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4. Friendly Fire Mishaps
In accordance with DoDI 6055.07, the combatant commander has the responsibility to convene an investigation to inquire into a friendly fire incident. DoDI 6055.07 defines friendly fire as a circumstance in which members of a US. or friendly military force are mistakenly or accidentally killed or injured inaction by US. or friendly forces actively engaged with an enemy or who are directing fire at a hostile force or what is thought to be a hostile force.
DoDI 6055.07 states that the Combatant Commander or his or her designee will convene a legal investigation for all incidents of friendly fire. US. Central Command has delegated this authority to Service Component Commanders, General Officer/Flag Officer in command of subordinate Joint Command or Joint Task Force, and General Officer/Flag Officer commanders with GCMCA. (CENTCOM Commander Policy - Friendly Fire Reporting, Investigation, and Dissemination, 14 June AR 638-8 requires commanders to complete an AR 15-6 investigation of all friendly fire incidents that result in the death or wounding of a Soldier.
AR 638-8 requires all AR 15-6 investigations of friendly fire incidents be convened by the
GCMCA. This includes injury cases as well as fatality cases. (NOTE In practice, this does not conflict with DODI 6055.07 since the Combatant Commander will or has delegated authority to a GCMCA to convene the investigation.)

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