Command Directed Investigations CDI FAQs For Service Members
Overview
Command directed investigations are internal inquiries ordered by a commander to examine alleged misconduct, failures in duty performance, or workplace issues under the UCMJ framework. A CDI can lead to administrative action, adverse paperwork, or referral for further investigation. Understanding how a CDI works helps service members protect their rights and respond appropriately. The Air Force JAG Corps provides general information about command authority at https://www.afjag.af.mil/.
Frequently Asked Questions
What is a command directed investigation?
A command directed investigation is an inquiry ordered by a commander to review potential misconduct, policy violations, or unit concerns. It is an administrative process, not a criminal investigation, but it can lead to UCMJ action. The commander selects an investigating officer who gathers evidence and writes findings. The results can affect your career, even without a court-martial.
Can a CDI lead to disciplinary action under the UCMJ?
Yes, a CDI can result in adverse administrative action and may be used as the basis for Article 15 proceedings or referral to a criminal investigation service. Although the CDI itself is administrative, the information collected can be passed to law enforcement. Service members should treat the process as serious from the outset. Early legal guidance reduces risks.
Do I have to answer questions in a CDI?
You must obey a lawful order to appear, but you retain rights against self-incrimination under Article 31. You may decline to answer questions that could implicate you in misconduct. Exercising your rights cannot be punished. Consult counsel before giving any statement.
What rights do I have during the CDI process?
You have the right to remain silent regarding potentially incriminating matters and the right to consult with counsel. You may also challenge inaccurate findings through rebuttal channels. Understanding your rights helps you avoid avoidable mistakes, which is why many service members review guidance such as the information provided on military investigation rights.
Is a CDI the same as an Inspector General investigation?
No, a CDI is directed by a commander while IG investigations follow separate statutory authority. A CDI focuses on unit-level issues and commander priorities. The standards and reporting procedures differ. Both processes can have significant administrative impact.
Will I be allowed to see the CDI report?
In most cases, you may request the report after it is complete. Access can depend on local policy, privacy rules, and classification. If findings are used against you, you generally have an opportunity to review them. Counsel can help assess the contents and prepare a response.
Can the investigating officer recommend punishment?
The investigating officer does not impose punishment but may recommend administrative action. The commander makes the final decision. Recommendations can include counseling, reprimands, or referral to other processes. Proper rebuttals can influence the commander’s decision.
How long does a CDI usually take?
Most CDIs are completed within several weeks, but timelines vary with case complexity and witness availability. Delays do not necessarily indicate guilt. Commanders may extend deadlines if additional inquiry is needed. Keep track of dates and preserve relevant evidence.
Can I submit evidence or statements during a CDI?
You may submit written statements, documents, or other materials relevant to the issues under investigation. Submissions should be carefully prepared because they become part of the record. Legal counsel can help frame your position clearly. Avoid impulsive or emotional responses.
Should I hire civilian counsel for a CDI?
While the CDI is administrative, the consequences can be severe and long lasting. Civilian military defense lawyers such as Gonzalez & Waddington help service members navigate statements, rebuttals, and collateral risks. Experienced counsel identifies issues that may later escalate to UCMJ action. Representation is often beneficial even when the command presents the CDI as informal.
Can a CDI be used in an administrative separation or Board of Inquiry?
Yes, CDI findings frequently appear in separation packets and Board of Inquiry exhibits. They may influence the board’s assessment of conduct and performance. Rebutting errors early is important because later boards rely heavily on existing records. Counsel can help you prepare corrective submissions.
What happens if I refuse to cooperate with a CDI?
You may decline to answer incriminating questions, but refusing all cooperation can create unnecessary issues. You must still follow lawful orders to appear or provide non-incriminating information. Legal advice helps balance cooperation with rights protection. Each case requires careful evaluation.
Can CDI findings be removed from my record?
Corrections may be possible through rebuttals, commander reconsideration, or service-level record review boards. The success of corrections often depends on the strength of your response during the CDI phase. Documenting procedural or factual errors is essential. Civilian counsel can assist in building a strong record.
Does a CDI affect my security clearance?
Yes, adverse findings and allegations may be reported to your security office. Even unsubstantiated claims may trigger a review. Providing accurate information and responding appropriately protects your clearance eligibility. Clearance adjudicators consider the full context, including rebuttals.
Related Military Defense Resources
Service members facing a command directed investigation often need guidance on rights, rebuttals, and downstream actions. Detailed explanations of the process and defense strategies may be found in resources discussing command directed investigation defense and broader administrative defense procedures. Additional insight is available through materials addressing military investigation rights.
This page incorporates resources from command directed investigation defense guidance, administrative defense representation, and military investigation rights.
When to Get Legal Help
Seek legal advice as soon as you learn that a CDI may involve you. Early guidance prevents avoidable errors, protects your rights, and ensures your responses do not create long term consequences. Even in administrative investigations, timing affects outcomes.
TLDR Short Answer
A command directed investigation is an administrative inquiry ordered by a commander to evaluate alleged misconduct or performance issues, and its findings can influence UCMJ actions, administrative measures, and long term career outcomes. Service members retain rights during the process and should carefully manage statements and evidence. Early legal guidance matters because missteps in a CDI often shape later Article 15 actions, separations, or boards. Gonzalez & Waddington are experienced civilian military defense lawyers with significant UCMJ trial experience, national teaching roles, and published legal work who assist service members with CDI responses. Contact Gonzalez & Waddington at 1-800-921-8607 for confidential guidance.
Bottom Line from Experienced Military Defense Lawyers
A CDI is a serious administrative process with real career consequences, and informed decisions at the earliest stages protect your rights and future options. For guidance from experienced civilian military defense lawyers, contact Gonzalez &Waddington at 1-800-921-8607.
