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How to Challenge Incorrect AR 15-6 Findings: Attack the Evidence, Not the Investigator

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Watch: Attack the Evidence, Not the Investigator | AR 15-6 Rebuttal Strategy

A strong AR 15-6 rebuttal attacks the evidence, not the investigator. Gonzalez & Waddington tells service members to challenge command investigation findings with documents, screenshots, duty logs, GPS data, timelines, and contradictions. Flag missing witnesses, fix bad timelines, and expose gaps—without emotion. Call 1-800-921-8607.

Quick answers

What evidence belongs in an AR 15-6 rebuttal?

Documents, screenshots, duty logs, GPS data, corrected timelines, and clear contradictions. Name witnesses never contacted and facts the investigator missed. Keep it concise and supported.

Why not attack the AR 15-6 investigator in my rebuttal?

Your rebuttal is an official legal document. Personal attacks and rants kill credibility. Expose evidence gaps so command can reassess findings on facts, not emotion.

How do I challenge incorrect AR 15-6 findings?

Challenge them in writing, with evidence, before the approval authority acts and before adverse action is taken. When findings are adverse to you, AR 15-6 generally requires that you be notified and given the findings and supporting evidence and an opportunity to respond. Use that response to show, point by point, where the findings do not match the evidence, which witnesses and records the investigating officer missed, and where the conclusions conflict with the law or regulations. If the findings are approved anyway, you can still contest the adverse actions that rely on them and, later, apply to the Army Board for Correction of Military Records.

Civilian military defense lawyer Michael Waddington of Gonzalez & Waddington explains the approach in the video above: attack the gaps in the evidence, not the investigator.

Step 1: Get the complete investigation

Ask for the full report of investigation, including the DA Form 1574-1, the investigating officer’s findings and recommendations, the legal review, exhibits, and witness statements. You cannot rebut what you have not read. If you receive a redacted or partial file, ask in writing for the rest and note what is missing in your response.

Step 2: Meet the suspense, or ask for more time in writing

The notification sets a deadline. If you need more time to get documents, statements, or a lawyer, request an extension in writing before the deadline and keep proof of the request.

Step 3: Build the factual record

  • Documents, screenshots, duty logs, travel and GPS data, and other records that contradict the findings.
  • A corrected timeline where the investigation got the sequence wrong.
  • Statements from witnesses the investigating officer never interviewed.
  • Evaluations, awards, and statements from leaders who know your work, for any later reprimand, relief, or separation decision.

Step 4: Show why the findings are unsupported

Findings in an AR 15-6 investigation must be supported by a preponderance of the evidence. Show where the evidence falls short: conclusions resting on a single biased witness, facts the investigator assumed rather than proved, exculpatory evidence that was ignored, or findings that misapply the regulation or policy at issue. Keep each point tied to an exhibit.

Step 5: Raise procedural errors

Note any departures from AR 15-6 that affected the result, such as failing to notify you as a subject, denying you the evidence, failing to interview key witnesses, or going beyond the scope of the appointment memorandum. Procedural errors are strongest when you show how they changed the outcome.

Step 6: Keep the tone calm and credible

Your rebuttal becomes part of the official record and may be read by future commanders and boards. Do not vent, speculate, or attack the investigator personally, and do not make admissions that can be used against you later. Many service members ask a lawyer to write the response for this reason.

If the findings are approved anyway

  • Respond to each adverse action that relies on the findings, such as a GOMOR, relief for cause, referred evaluation, or separation notification.
  • Ask the approval authority to reconsider if new evidence becomes available.
  • Apply to the Army Board for Correction of Military Records if the findings or resulting actions are unjust or in error.
  • Consider an Inspector General complaint for procedural violations, or an Article 138 complaint for wrongs by your commander.

Frequently asked questions

How do I challenge incorrect AR 15-6 findings?

Submit a written rebuttal with evidence when the findings are referred to you, showing where they are unsupported or procedurally flawed, and contest any adverse action that relies on them. Later remedies include reconsideration and the ABCMR.

Can I see the evidence in an AR 15-6 investigation against me?

When findings are adverse to you, you are generally entitled to the findings and the evidence supporting them before adverse action is taken. Ask for the complete file in writing.

Can an AR 15-6 investigation lead to a GOMOR or separation?

Yes. Approved findings are often the basis for a GOMOR, relief for cause, a referred evaluation, or administrative separation. See Can an AR 15-6 investigation lead to a GOMOR or separation?

Should I attack the investigating officer in my rebuttal?

No. Personal attacks undermine your credibility. Show the gaps and errors in the evidence instead.

Video transcript

Transcript of the video “AR 15-6 Rebuttal: Attack the Evidence, Not the Investigator,” with Michael Waddington of Gonzalez & Waddington.

Read the full transcript of this video

You’re not attacking the investigator. You’re attacking the gaps in the evidence. That’s why I think it’s best for one of these to come from a lawyer. In addition, you should be presenting your own narrative clearly. It should be focused, consistent, and supported by facts. Facts matter. Evidence matters in these things. Your feelings don’t matter. You should explain what exactly happened and provide the context missing from the findings. You should not be rambling. You should not be speculating. There should be no emotional venting, which is very common in these. It’s a bad look, and it cuts against you. And also, you should be making no statements that can be used against you later. Again, another reason to have a lawyer do this.

This is where service members often hurt themselves the most. They tend to overexplain. They’re off target. They admit things unintentionally. They write long, emotional statements that become evidence. Anything you say can and will be used against you. Remember that. Once you submit your rebuttal, it’s permanent. You don’t get to revise it and come back and submit a second copy months or years later. No, that becomes the official legal record in your case. In addition, you should explain why the findings are unsupported. Show how the conclusions don’t match the facts. Sometimes they don’t match up with laws or regulations. You should demonstrate the errors in the command investigation that will lead to unfair outcomes. Again, keep the tone calm and credible. If you’re not calm and credible, there’s no point. You’ve already lost.

Watch on YouTube. Questions about a case: call 1-800-921-8607 or text 954-799-4019.

Educational information only. Not legal advice. Using this briefing does not create an attorney-client relationship. Facts, commands, and outcomes vary. For advice about your case, speak with a lawyer.

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