Misc Pub 27-8 Legal Handbook Commander’s 2019

Findings and Recommendations (Para. 3-10 thru 3-11)

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

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2. Deliberations and Voting (Boards of Officers)

1. Findings and Recommendations (Para. 3-10 thru 3-11)
A finding is a clear and concise statement of fact directly established by evidence in the record. It includes negative findings (evidence does not establish a fact. In arriving at findings, the IO should not exceed the scope of appointment. Each finding of fact should refer back to evidence gathered in the investigation. If however, there is a matter that emerged during the investigation that is outside of the scope, the IO should consult with the legal advisor on how to proceed regarding that matter. The IO must make all efforts to avoid a investigation gap that is never addressed because of a seemingly limited scope.
The standard of proof is preponderance of the evidence findings must be supported by greater weight of evidence than supports a contrary conclusion. The weight is not determined by number of witnesses, but by considering all evidence and factors such as demeanor, opportu-
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114
nity for knowledge, information possessed, ability to recall and relate events, and other indicators of veracity.
The IO should work with the legal advisor to develop the findings based on the record of investigation facts, the commander’s appointment memorandum, and any applicable regulation.
The recommendations must be consistent with the findings. They can be negative (e.g., no further action taken. The legal advisor should ensure that the recommendations make sense and are supported by the record of investigation.
IOs and boards make recommendations according to their understanding of the rules, regulations, and customs of the service, guided by fairness to the Government and to individuals.
2. Deliberations and Voting (Boards of Officers)
Deliberations are conducted in private. Only voting members of the board may deliberate and vote. If consultation with nonvoting member is required, the named respondent, if any, has right to attend consultation.
Boards with more than one member reach decisions by voting. Majority vote controls. In the event of a tie, the president’s vote determines the ultimate outcome.

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