How to Write an AR 15-6 Investigative Rebuttal? A 2026 Guide
Note: In the Army, command-directed administrative investigations are governed by Army Regulation 15-6, “Procedures for Administrative Investigations and Boards of Officers.” Some Soldiers and leaders casually say “AR 15-5 investigation,” but the correct regulation is AR 15-6. This guide explains how to write a powerful rebuttal to adverse findings in an AR 15-6 investigation in 2026.
If you received an adverse AR 15-6 investigation with “substantiated” findings that now sit on your desk for response, you are not dealing with routine paperwork. You are looking at a document that can feed the Army Adverse Information Program (AAIP), derail promotions, trigger separation boards, and quietly poison your file for years. Your rebuttal is your one chance to put your story, your evidence, and your defense into the record.
This guide walks you through the process step by step—what an AR 15-6 investigation is, what those findings really mean, and how to build a smart, structured rebuttal that protects your career instead of making things worse.
1. Quick Primer: What an AR 15-6 Investigation Really Is
An AR 15-6 investigation is a commander-directed fact-finding process. The appointing authority (usually a commander or higher HQ) appoints an investigating officer (IO) or a board of officers to answer specific questions—often about alleged misconduct, leadership failures, accidents, climate issues, or regulatory violations.
Key points to understand:
- It is administrative, not criminal. The standard is usually “preponderance of the evidence” (“more likely than not”), not “beyond a reasonable doubt.”
- Evidence rules are relaxed. Hearsay, summaries, and documents can be used even when the author is not present.
- Findings can follow you. Adverse findings can feed AAIP, promotion screens, QMP, and separation boards.
- You may have a right to respond. Officers and certain other subjects must be given a chance to rebut documented adverse information.
The current version of AR 15-6, with 2025 updates, is available on the official Army Publications site: Army Publishing Directorate – AR 15-6. Use the regulation itself as your “rule book” when planning your rebuttal.
2. What Your AR 15-6 Rebuttal Is Really Trying to Achieve
Your rebuttal has multiple audiences and purposes. It is not just a speech to the IO or a venting letter to your commander. Done right, it serves as your long-term defensive record.
Your rebuttal should aim to:
- Correct factual errors. Fix wrong dates, misquoted statements, missing context, and misidentified people.
- Challenge weak findings. Show where the evidence does not support “substantiated” conclusions.
- Offer extenuation and mitigation. Explain context, stressors, leadership failures above you, or policy confusion without creating new liability.
- Preserve your narrative for future boards. Promotion boards, QMP, separation boards, and review boards may read your rebuttal years later.
- Influence the command decision now. A strong rebuttal can lead to modified findings, “not substantiated” results, or a decision not to take adverse action.
If you treat the rebuttal as a box-check or emotional rant, you are wasting the opportunity. Think like you are building an appellate record and a future exhibit for a board that has never met you.
3. Step One: Control the Timeline Before You Write a Word
Too many Soldiers lose before they start because they panic, rush, and submit a weak response in a few days. Do not do that.
When you receive notice of adverse findings:
- Read the suspense date carefully. You are usually given a short window (often 7–10 days) to respond.
- Immediately ask for the full packet. You cannot rebut what you cannot see. Ask for:
- The complete report of investigation (ROI)
- All exhibits, attachments, and enclosures
- Any legal review that has already occurred
- Request an extension in writing. Use a short, professional email or memo:
- State that you need time to review the ROI, gather evidence, and consult counsel.
- Propose a reasonable extension (often 7–14 extra days).
- Contact counsel early. Talk to TDS or a civilian military defense lawyer before you start drafting.
Controlling time is part of controlling the narrative. A rushed, sloppy rebuttal can lock you into admissions and miss key defenses that you will wish you had years later.
4. Step Two: Understand the Findings and Terminology
Before you write, you must understand exactly what the IO and approval authority said about you. That means reading the findings more than once and dissecting them.
Look for:
- Which findings are “substantiated” and which are “not substantiated.” You are primarily fighting the adverse ones.
- What standard they say they used. It is typically “preponderance of the evidence” (more likely than not).
- What evidence each finding cites. Witness statements, emails, counseling forms, text screenshots, etc.
- What the IO recommends. Counseling? Written reprimand? Relief for cause? Adverse action?
- What the approval authority actually adopted. Sometimes the commander does not adopt every IO recommendation.
Write each adverse finding down in your own words in a separate bullet. These bullets become the “targets” your rebuttal must address one by one.
5. Step Three: Choose a Strategy – Deny, Explain, Mitigate, or Some Mix
There is no one-size-fits-all strategy. The right approach depends on the strength of the evidence, your exposure to UCMJ charges, and your long-term goals.
In general, your options are:
- Pure denial: “This did not happen, or it did not happen the way the IO claims.”
- Best when the evidence is weak, inconsistent, or based on one unreliable witness.
- High risk if there is strong documentary proof that contradicts you.
- Partial acceptance with explanation: “Something happened, but not exactly as presented, and there is important context.”
- Useful when you cannot credibly deny all facts but can show misunderstanding or exaggeration.
- Mitigation and rehabilitation focus: “Even if you accept these facts, this should not be career-ending.”
- Emphasizes character, performance, remorse, changed behavior, and value to the Army.
- Silence on potentially criminal details:
- When there is substantial risk of court-martial or civilian prosecution, your lawyer may recommend a narrow or carefully worded rebuttal that does not admit or detail certain facts.
Do not pick a strategy based on emotion. Pick it based on evidence, risk, and what you and your lawyer decide is most defensible if your rebuttal is later used in an Article 15, court-martial, or board.
6. Structure of a Strong AR 15-6 Investigative Rebuttal
A persuasive rebuttal is easy to follow, respectful in tone, and methodical in how it addresses each adverse point. A common structure looks like this:
- Heading and addressees:
- Address it to the approval authority (for example, “Commander, 1st Brigade, 1st Infantry Division”).
- Reference the AR 15-6 investigation by date and subject.
- Introduction:
- One or two paragraphs stating that you have reviewed the ROI and are submitting a rebuttal.
- Affirm your commitment to the Army values and your desire to clarify the record.
- Executive summary:
- Briefly summarize your key points:
- Major factual errors.
- Evidence overlooked.
- Why the findings are unsupported or overstated.
- Why severe adverse action would be unjust or unnecessary.
- Point-by-point response to findings:
- For each adverse finding, restate it and then respond:
- “Finding 1: IO found I violated XYZ policy by doing ABC. Response: …”
- Extenuation and mitigation section:
- Explain context, mission tempo, systemic issues, and your full record of service.
- Character and performance section:
- Highlight awards, NCOERs/OERs, deployments, leadership roles, and specific examples of your impact.
- Conclusion and requested outcome:
- Ask for specific relief:
- Change adverse findings to “not substantiated.”
- Direct no adverse administrative action.
- Limit any action to local counseling instead of permanent record impacts.
- Attachments/enclosures list:
- Number and title each enclosure so the commander can find them easily.
7. How to Attack Factual Errors and Weak Evidence
Your credibility matters. You cannot just say “this is wrong.” You must show why it is wrong or why the conclusion does not logically follow from the evidence.
Techniques to use:
- Compare statements side by side.
- Point out contradictions between witnesses and between the IO’s summary and the actual statements.
- Highlight missing witnesses or documents.
- “The IO never interviewed X, who was present and could confirm Y.”
- Use objective evidence.
- Time stamps, emails, text logs, access logs, training records, sign-in sheets.
- Challenge assumptions.
- “The IO assumes that because I was in the building, I must have heard the conversation. The floor plan, which I attach as Enclosure 3, shows that my office is separated by multiple doors and a hallway.”
- Show alternative explanations.
- “This counseling was not retaliation; it was part of a documented performance improvement effort that began months before the complaint.”
Keep your tone professional. Attack the logic, the process, and the evidence—not the person of the IO or your chain of command.
8. Extenuation, Mitigation, and Character Evidence Matter
Even when some facts are unfavorable, you can still argue that the overall picture does not justify a career-ending response. This is where mitigation and character evidence come in.
Useful mitigation themes:
- Operational stress and tempo: High OPTEMPO, manning shortages, competing requirements.
- Ambiguous guidance: Conflicting orders, unclear policies, lack of training.
- Isolated lapse vs. pattern: A single misstep in an otherwise outstanding career.
- Immediate corrective action: You self-reported, corrected the issue, or sought training.
- Family or personal crisis: Medical or family issues that help explain—but not excuse—what happened.
Character support can include:
- Statements from current and former leaders.
- Statements from peers and subordinates.
- Awards, decorations, and recognition.
- OERs/NCOERs documenting strong performance and leadership.
- Evidence of community involvement, volunteer work, and mentorship.
Mitigation does not mean you are rolling over. It means you are painting a full picture of who you are and why a harsh outcome would be disproportionate.
9. What Evidence Should You Attach to Your Rebuttal
Your rebuttal should not be just words. It should be backed by concrete evidence wherever possible.
Common enclosures include:
- Sworn or signed statements from witnesses the IO ignored or misunderstood.
- Emails, texts, or messages that support your version of events or show missing context.
- Policy memoranda, SOPs, or training slides that show the guidance you were following.
- Medical or behavioral health records when they are relevant and you are comfortable disclosing them.
- Evaluation reports, awards, and certificates demonstrating your long-term performance.
- Letters of support and character references from leaders, peers, or community members.
Number each enclosure and reference it in the body of your rebuttal so the reader can easily connect your arguments to the supporting documents.
10. Common Mistakes That Kill AR 15-6 Rebuttals
Even strong cases are sometimes lost because the rebuttal itself is poorly executed. Avoid these frequent mistakes:
- Emotional attacks: Insulting the IO, calling your commander a coward, or venting about the “broken system” does not help you.
- Inconsistent stories: Changing your story from what you told the IO undermines your credibility without explanation.
- Unnecessary admissions: “I guess I’m guilty, but…” is rarely a good opening line.
- Ignoring key findings: Failing to respond to a major adverse finding signals you have no answer.
- Overwriting: A 20-page wall of text with no structure makes it harder for anyone to help you.
- Missed suspenses: Submitting late without coordination signals lack of seriousness and professionalism.
Your rebuttal should show discipline, clarity, and judgment—the same traits the Army is looking for in leaders.
11. Special Issues in SHARP, EO, and High-Visibility Allegations
Investigations involving sexual harassment, sexual assault, discrimination, or hostile work environment often carry extra political and career risk. In these cases:
- Expect bias toward belief of the complainant. The IO may have been trained under “victim-centered” or “start by believing” models.
- Be aware of parallel criminal investigations. CID or other agencies may be involved; your statements can cross into those cases.
- Be extra careful with admissions. Anything you concede in an AR 15-6 rebuttal can be used in UCMJ prosecution or civilian cases.
- Consider expert guidance. A lawyer experienced in sex offense defense can help you navigate the unique risks.
In these high-visibility cases, your rebuttal is not just about this investigation. It is about protecting yourself from multiple directions.
12. Special Issues in Overseas, Host Nation, and Joint Environments
If your investigation occurred overseas or in a joint command, there may be additional wrinkles.
- Host nation law: Allegations may be based on local criminal standards that differ from UCMJ norms.
- SOFA implications: Status of Forces Agreements can impact how evidence is shared and what actions your command can take.
- Joint chains of command: Different services may have conflicting policies or expectations.
- Translation issues: Witness statements or police reports may have been translated; errors are common.
In these cases, part of your rebuttal may involve explaining cultural or legal context that the IO or commander did not fully appreciate.
13. Working With Counsel: TDS and Civilian Military Defense Lawyers
You should at least consult counsel before submitting any AR 15-6 rebuttal. In many cases, you will have access to Trial Defense Service or equivalent defense offices, but they may be overloaded or focused on courts-martial and separation boards.
When deciding whether to bring in civilian counsel, consider:
- How serious the consequences may be. If the findings are likely to trigger separation, QMP, or board action, civilian counsel is often worth it.
- Whether your case has parallel investigations. If CID, OSI, NCIS, or civilian police are involved, you must be very careful with statements.
- Whether you plan to fight long term. Civilian counsel can help you plan not only the rebuttal but also future appeals and boards.
A well-written rebuttal guided by experienced counsel is often your best chance to stop adverse findings from hardening into long-term career damage.
14. What Happens After You Submit Your AR 15-6 Rebuttal
Once you submit your rebuttal, it becomes part of the investigative file. The approval authority will usually:
- Review the ROI, the legal review (if any), and your rebuttal.
- Decide whether to adopt the IO’s findings as written, modify them, or reject some or all.
- Determine whether to take adverse action:
- No action or counseling only.
- Written reprimand or GOMOR.
- Article 15 or court-martial.
- Flagging, QMP, or initiation of separation or BOI.
If the commander ignores major points in your rebuttal, that may become an argument later for DASEB, BCMR, or a separation board—another reason to write your rebuttal as if neutral outsiders will be reading it in the future.
15. Pro Tips for Writing an AR 15-6 Investigative Rebuttal
- Tip 1: Treat the rebuttal like sworn testimony. Assume every word could be read aloud at a board or trial.
- Tip 2: Fix the facts first. Your primary mission is to correct the record, not simply express frustration.
- Tip 3: Use short sections and clear headings so busy senior leaders can follow your logic quickly.
- Tip 4: Do not argue every tiny point. Focus on the findings and issues that drive real consequences.
- Tip 5: Separate your roles: tell your story, support it with evidence, then let your lawyer inject the legal arguments.
- Tip 6: Get a second set of eyes. Have counsel or a trusted, savvy NCO/officer read your draft before you submit.
- Tip 7: Keep copies of everything—ROI, exhibits, rebuttal, and enclosures. You will likely need them again.
16. FAQs About AR 15-6 Investigative Rebuttals
Q1. Do I always have a right to rebut an AR 15-6 investigation
Not always. The right to rebut is clearest when the investigation produces adverse information that will be used for administrative or adverse actions, especially for officers and certain senior NCOs. In practice, many commanders offer the opportunity to respond whenever the IO finds substantiated misconduct. If you are unsure, ask the legal office or your counsel to confirm your rights under the current version of AR 15-6.
Q2. How long should my AR 15-6 rebuttal be
There is no magic page number. A good target for most cases is 3–8 pages of well-organized text, plus enclosures. Complex cases with multiple findings may require more, but quality matters far more than length. If a commander needs a pot of coffee to get through your rebuttal, you probably wrote too much.
Q3. Should I ask witnesses to write statements for my rebuttal
Often yes, but with care. Witness statements can be powerful, especially if the IO never spoke to them or mischaracterized what they said. However, you must avoid coaching witnesses to lie or overstate things. Encourage them to be accurate, specific, and professional. Your lawyer can help you frame what to ask for and how to package their statements as enclosures.
Q4. Can I refuse to answer questions during the investigation but still submit a rebuttal
Yes. You always retain your right against self-incrimination. There are situations, especially when parallel criminal investigations exist, where you might decline to be interviewed yet still submit a narrow rebuttal framed by counsel. That rebuttal may focus more on pointing out gaps in the investigation and providing documents than on detailed personal narrative.
Q5. What if the IO clearly misunderstood the law or the regulation
That should be highlighted in your rebuttal. You can respectfully explain what the correct standard is and show how the IO misapplied it, ideally citing the relevant language from AR 15-6 or the underlying regulation. A legal review may also flag these issues, but you should not assume the legal review caught everything. You and your lawyer can reinforce those points in your response.
Q6. Can I use my rebuttal later in a DASEB or BCMR appeal
Yes, and that is one of the main reasons to treat your rebuttal as a long-term investment. DASEB and correction boards will often review the original ROI, the adverse action, and your rebuttal to decide whether to grant relief. If your rebuttal is clear, evidence-based, and respectful, it becomes a powerful tool later. If it is emotional, sloppy, or full of new admissions, it becomes a liability.
Q7. What should I do if my chain of command discourages me from fighting the findings
It is common for Soldiers to hear “just take your lumps and move on.” Sometimes that advice is well-meaning; often it is short-sighted. Only you and your lawyer have to live with the long-term consequences of adverse findings. Listen respectfully to leaders, but base your decision on facts, risk, and professional legal advice—not on pressure to make life easier for the organization.
17. Final Thoughts: Your Rebuttal Is More Than a Check-the-Block Task
An AR 15-6 investigative rebuttal is not busywork. It is the first and sometimes only time you get to put your version of events, your context, and your character into the official record standing next to that investigation. Years from now, when a selection board or review panel pulls your file, they will see the IO’s findings and whatever you wrote in response. That is your voice when you are not in the room.
Approach the rebuttal like a professional. Learn the regulation, control your timeline, assemble your evidence, and build a structured, fact-based, and respectful response. Whether you are ultimately cleared, mitigated, or still have to fight at boards and appeals, a strong AR 15-6 rebuttal is the foundation of your defense.
If you are reading this because you just received your ROI and a suspense date, take a breath, secure the packet, talk to counsel, and start building your plan. You only get one shot at the first response. Make it count.
