What to Do When You Become the Target of a Military Command Investigation

I’m the subject of an AR 15-6 investigation. What should I do? Treat it seriously from day one. An AR 15-6 investigation may be administrative, but the consequences can be devastating. What begins as fact-finding can lead to a general officer memorandum of reprimand, relief for cause, administrative separation, officer elimination, loss of a security clearance, or criminal charges. One of the biggest mistakes a soldier can make is saying, “It’s only a 15-6.”

If you’re suspected of misconduct, understand your rights, preserve evidence, identify witnesses, and prepare your defense before the investigation is complete. I’m Michael Waddington, a civilian military defense lawyer and co-founder of Gonzalez & Waddington. We represent service members worldwide in courts-martial, military investigations, and administrative defense matters. Here’s what you need to know about Army Regulation 15-6 investigations.

First, what is an AR 15-6 investigation? Army Regulation 15-6 establishes procedures for preliminary inquiries, administrative investigations, and boards of officers. These investigations help the Army determine what happened, whether misconduct occurred, and what action the command should take. An appointing authority typically designates an investigating officer who interviews witnesses, reviews evidence, and makes findings and possibly recommendations.

Unlike a criminal trial, administrative findings generally require only a preponderance of the evidence. That means something is more likely than not to have occurred. A case that wouldn’t support a criminal conviction may still produce adverse findings leading to a reprimand, separation, officer elimination, or criminal investigation. Never confuse administrative with harmless. Second, understand whether you’re a subject, suspect, respondent, or witness.

These distinctions matter because your rights may differ. Sometimes soldiers believe they’re witnesses only to discover the investigation has shifted toward them. If you’re suspected of an offense and Article 31 rights apply, you must be advised of the suspected offense and your right to remain silent before questioning about that misconduct. If someone reads you Article 31 rights, take that seriously. Formal AR 15-6 proceedings involving designated respondents generally provide greater procedural protections than informal investigations.

Understand which process applies. Third, obtain the appointment memorandum and understand the investigation scope. The appointment memorandum usually identifies the appointing authority, investigating officer, and matters under investigation. Is this about toxic leadership? Sexual harassment? Fraternization? Financial misconduct? An inappropriate relationship? Assault? These allegations carry different risks. Your lawyer should examine what the memorandum includes and excludes.

Understanding the scope helps identify relevant evidence, witnesses, potential UCMJ exposure, and administrative consequences. You may not automatically receive the memorandum, but your lawyer should seek relevant information when appropriate. Don’t walk into an interview blind. Fourth, decide whether you should make a statement. This may be your most important decision. When an investigator says, “I just want to hear your side,” don’t assume you should start talking.

Sometimes making a statement helps. Sometimes it causes enormous damage. If allegations involve assault, sexual misconduct, fraternization, false statements, fraud, or other UCMJ offenses, evaluate the criminal consequences before speaking. When Article 31 rights apply, you have the right to remain silent. Seek legal advice before answering questions. A common mistake is explaining everything without knowing what evidence the investigator possesses.

A soldier denies something, but investigators later produce contradictory messages, photographs, or witness statements. Now, the soldier may face scrutiny for making a false official statement. Before speaking, determine your objective, supporting evidence, and potential exposure. Sometimes silence is best. Sometimes a prepared written statement makes sense. Always have a strategy. Fifth, preserve evidence immediately.

Preserve emails, messages, counseling statements, calendars, duty rosters, photographs, videos, travel records, evaluations, and other relevant documents. If allegations concern earlier events, create a timeline identifying dates, locations, conversations, witnesses, and supporting documents. Never delete messages, alter documents, fabricate evidence, or encourage anyone to destroy information. Whenever possible, provide important evidence to your attorney first to determine how and when to present it.

Sixth, identify favorable and unfavorable witnesses. Don’t simply list people who like you. Identify people with relevant information. The most important witness might be someone who attended a meeting, received an email, or can establish that an accusation’s timeline is impossible. Determine what each witness knows, whether their information helps or hurts you, and whether documents corroborate their account. If an investigator overlooks a critical witness, your attorney can request an interview.

Failure to interview a material witness may support an argument that the investigation was incomplete. Seventh, understand that credibility often decides AR 15-6 investigations. Many investigations involve conflicting accounts without definitive physical evidence. The investigator must decide whom to believe. Look for messages, emails, phone records, photographs, duty logs, prior statements, and independent witnesses.

Does someone’s story change? Does the timeline make sense? Could the witness actually have observed what they claim? Does someone have a motive to exaggerate, retaliate, or shift blame? A weak defense is saying, “I didn’t do it.” A stronger defense demonstrates why an allegation is inaccurate, unreliable, incomplete, or unsupported. Build your defense around evidence. Eighth, distinguish evidence, findings, and recommendations.

Evidence is what the investigator collects. Findings are the factual conclusions reached. Recommendations are what the investigator believes the command should do. An investigator might find poor judgment, but recommend no disciplinary action. Alternatively, the investigator could substantiate misconduct and recommend separation or further investigation. Ninth, prepare your rebuttal before adverse findings arrive. Don’t wait until the investigation is completed.

AR 15-6 provides particular protections concerning certain adverse information involving commissioned officers. Other administrative actions may carry separate rebuttal rights. The protections depend on your status, the procedure, and the contemplated action. If you’re allowed to rebut adverse information, take it seriously. Your response may become part of your permanent administrative record. A strong rebuttal identifies factual errors, unsupported conclusions, contradictory evidence, credibility problems, overlooked witnesses, and investigative omissions.

Include supporting documents and favorable military service evidence when appropriate. Don’t simply write, “I disagree.” Explain why the evidence doesn’t support the findings. Build a persuasive factual record. 10th, understand what happens after the investigation. An AR 15-6 investigation doesn’t necessarily end when the investigator submits a report. Sometimes, that’s when the real trouble begins. The command may initiate a general officer memorandum of reprimand, adverse evaluation, relief for cause, administrative separation, officer elimination, or criminal investigation.

Findings may affect assignments, promotions, command opportunities, security clearances, and retirement. You’re creating a record that future commanders, administrative boards, and promotion authorities may review. 11th, don’t interfere with witnesses or try to charm the investigator. Never tell witnesses what to say, pressure subordinates, retaliate against complainants, threaten anyone, or coordinate stories. Don’t conduct amateur interrogations.

Your lawyer can help gather information without creating allegations of obstruction or witness intimidation. And don’t assume you can talk your way out of an investigation. Being polite matters, but convincing an investigator you’re a good person isn’t a defense strategy. 12th, get experienced military defense counsel involved early. Waiting until an investigation is completed to hire a military defense lawyer can be a serious mistake.

By then, investigators may have completed interviews, overlooked favorable witnesses, or received damaging statements. Early legal involvement allows counsel to evaluate criminal exposure, assess whether statements are appropriate, identify evidence, request witness interviews, and prepare for adverse findings. At Gonzalez & Waddington, we prefer to become involved while investigations are developing. It’s easier to build a strong factual record early than undo damaging findings afterward.

Don’t assume your command knows the truth. Important evidence may never reach decision makers unless someone puts it into the record. So, what’s the bottom line? If you’re the subject of an AR 15-6 investigation, treat it as a serious threat to your military career. Understand the allegations and your rights. Preserve evidence and identify witnesses. Get experienced military defense counsel involved early. An administrative investigation can affect your reputation, rank, promotions, security clearance, and retirement.

Don’t underestimate it. I’m Michael Waddington, a civilian military defense lawyer and co-founder of Gonzalez & Waddington. If your career, reputation, or freedom is on the line, you need experienced military defense lawyers fighting for you. Visit ucmjdefense.com or call 1-800-921-8607 for a free consultation.