128Regarding Adverse Findings Investigating officer must provide Soldier with written notice
of proposed adverse finding,
a copy of the investigation, and the supporting evidence. Investigating officer must issue warning regarding making statements against interest. Investigating officer must give a reasonable opportunity to reply in writing and to offer rebuttal. If investigating
officer receives a response, it must be considered before finalizing findings. If investigating officer
does not receive a response, the investigating officer may proceed to finalize the findings.
Formal investigations must receive a legal review before a final determination is made. Informal investigations may receive a legal review but it is not required. (Para. 3-6 & 4-5)
11. Final Approving Authority (GCMCA or Field Grade Designee) Deci-sionFinal approving authority either approves or disapproves the finding under the authority of the Secretary of the Army. The report must be forwarded to the service member through his command. The transmittal letter must notify the service member of his right not to make a statement against interest and of his appellate rights.
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