1. Preliminary (informal) investigation (aka Commanders Inquiry”) “Upon receipt of information that a member of the command is accused or suspected of committing an offense . . . triable by court-martial, the immediate commander shall make or cause to be made a preliminary inquiry into the charges or suspected offenses Rule for Courts- Martial (R.C.M.) 303. This can be a very informal investigation. No appointment letter is required. 2. AR 15-6 Investigation (See Chapters 14 & 15) You may conductor direct) an AR 15-6 investigation, especially if you are not sure whether a criminal offense has been committed. Often, these investigations involve formal appointments. If you want to conduct an AR 15-6 investigation, contact your trial counselor administrative law attorney. 3. Article 32, UCMJ Preliminary Hearing “[A] preliminary hearing shall beheld before referral of charges and specifications for trial by general court-martial.” Article a. For cases that are being considered fora general court-martial, your battalion commander (the summary court-martial convening authority) or brigade commander (the special court-martial convening authority) may appoint an Article 32 preliminary hearing. The Article 32 preliminary hearing will generally require the appointment of a judge advocate officer to conduct the preliminary hearing and will take a week or two to complete. The preliminary hearing must take priority overall other duties for the hearing officer, who will be provided an independent legal advisor to assist them. No case can go to a general court-martial without having first been heard at an Article 32. At the Article 32, the accused and his or her counsel will be present. C. Consider Alternatives to Dispose of the Matter 1. No action/dismissal. Sometimes the appropriate action is no action orb bdismissal.bb2. Nonpunitive/Adverse Administrative Action • Flag (See Chapter 27). • Letter of reprimand (Local or AMHRR Filing Bar to Continued Service (Impose/appeal/lift) (See Chapter 30). • Relief for cause Administrative separation (which chapter, type of discharge, notification or board) (See Chapters 28 & 29).
