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3
Preface II
Situations Where You Should
Immediately
Consult Your
Servicing Judge Advocate
A. After receiving a report of any criminal offense
Many offenses have reporting or other policy requirements, such as sexual assault, sexual harassment, hazing, etc. Your servicing JA will ensure that all of these requirements are met and then can advise you on your options to handle the report and/or the offense.
B. Before Appointing an investigating officer
If you need to initiate a preliminary inquiry, an informal investigation or aboard of officer under AR 15-6 (including EO investigations, or a line of duty or financial liability investigation of property loss, ask your servicing JA for assistance. Your servicing JA can offer advice on the appropriate type of investigation as well as assist in drafting the appointment memorandum that governs the scope of the investigation.
C. Before conducting any search (for example drug test,
breath test, barracks room)
Your servicing JA will be able to confirm whether you have sufficient information (or probable cause) to conduct the search, thus enabling you to use the search results in followup administrative, nonjudicial or courts-martial proceedings.
D. Whenever you are considering any adverse personnel
action against a Soldier
Your servicing JA will help you to ensure that your action complies with all law and regulation and is feasible before you announce your intention to pursue the action. Adverse actions include, but are not limited to, flagging a soldier, administrative separation, removing the Soldier from certain status positions (such as drill sergeant, relief for cause, and issuing a memorandum of reprimand.
E. Before administering nonjudicial punishment under
UCMJ Article 15
Your Servicing JA will help you to ensure that your action complies with the UCMJ and can be supported at Court-martial if the Article 15 is declined.

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