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In developing the investigation plan, the IO should ask the following questions which should already be generally addressed in the appointment memorandum What are the questions that need answering so the approving authority can make a decision What specific findings and recommendations must be made What is the timeline What is the scope of the investigation?
The IO should consider the facts known and gaps (and more importantly, how to fill the gaps potential witnesses and order of interviewing physical and documentary evidence required possible criminal, counterintelligence, or other implications Article 31 Uniform Code of Military Justice (UCMJ) warnings Privacy Act requirements regulations and laws involved and chronology of the investigation as well as chronology of the incident under investigation. The IO should discuss all of these matters with the legal advisor.
Generally, an IO is not bound by the Military Rules of Evidence (MREs). Anything that in the minds of reasonable persons is relevant and material to an issue maybe accepted as evidence. The IO may gather evidence that is ultimately determined irrelevant if the evidence is not relevant, it should not be included in the investigation. All evidence is given such weight as circumstances warrant. For example, medical records, counseling statements, police reports, and other records maybe considered, regardless of whether the preparer of the record is available to give a statement or testify in person.
Although an IO is generally not bound by the Military Rules of Evidence, the following limitations do still apply:
• Privileged Communications. The rules in section V, part III, MCM, concerning privileged communications between lawyer and client (MRE 502), privileged communications with clergy (MRE 503), spousal privilege (MRE 504), psychotherapists (MRE 513), and victim advocates (MRE 514) apply.

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