Short answer: A commander’s inquiry is the informal first look a commander takes at an allegation under Rule for Courts-Martial 303, and yes, it can hurt you. Civilian military defense lawyer Michael Waddington of Gonzalez & Waddington warns that it has fewer rules than an AR 15-6 investigation, it is where your first statement is usually taken, and it decides whether CID gets called.
In this video, Michael Waddington explains what a commander’s inquiry is, why it is more dangerous than it looks, and what to say when your commander or first sergeant starts asking questions.
What is a commander’s inquiry?
Under Rule for Courts-Martial (RCM) 303, when a commander learns that a member of the command may have committed an offense, the commander must make a preliminary inquiry. That inquiry is what most service members call a commander’s inquiry.
It can be as simple as the commander asking a few questions, the first sergeant calling people in one at a time, or a lieutenant being told to “find out what happened.” No appointment memo is required. No legal review is required, and there is no set format for findings.
The commander then decides what to do with what they learned. The options include doing nothing, a counseling, an Article 15, an AR 15-6 investigation, or a referral to CID.
Why is a commander’s inquiry dangerous?
Because it is informal, the protections you would have in a formal investigation are easy to skip. The person asking questions is usually your own chain of command, and they ask like leaders, not investigators: “Just tell me what happened. I’m trying to help you.”
But Article 31(b) of the UCMJ applies to anyone subject to the UCMJ who questions a suspect in an official capacity. That includes your commander and your first sergeant. They are supposed to advise you of your rights before asking about an offense you are suspected of.
Many commander’s inquiries skip that rights advisement. Your statement may later be kept out of a court-martial, but by then it is already in the commander’s head, already in the memo, and already shaping what happens next.
What can a commander’s inquiry lead to?
The inquiry memo, often a page or two, goes into a file. If the commander refers the matter to CID, that memo is what the agent reads first, and your statement in it is what they will ask you to repeat.
If the commander orders an AR 15-6 investigation, the inquiry sets its scope. If the commander goes straight to an Article 15, the inquiry is the evidence. And if the commander does nothing, the memo still exists and can resurface if another allegation comes up later.
Do I have to answer my commander’s questions?
No, not about something you could be punished for. You can be ordered to report to your commander, but you cannot be ordered to incriminate yourself. Article 31(b) protects your right to remain silent.
Say it respectfully, once, and then stop: “Sir” or “Ma’am, I’d like to speak with a lawyer before I answer questions about that.” You can stay professional and still decline.
Is every commander’s inquiry adversarial?
No. Some inquiries really are administrative, such as a lost piece of equipment or a training incident where no one is at fault. A lawyer can tell you which kind you are in.
Until you know, assume it is the more serious kind. A conversation in a hallway with your first sergeant can turn out to be the most damaging statement in your case.
Can a lawyer help at the commander’s inquiry stage?
Yes, and this is often the best time. The inquiry is frequently the only stage where a case can be stopped before a formal investigation opens. A call from a lawyer to the commander or the legal office, with the right information, can sometimes do that.
What to do right now
- Recognize it. If your commander or first sergeant asks about something you could be punished for, treat it as a commander’s inquiry, whatever they call it.
- Invoke your rights. Say once, politely, that you want to speak with a lawyer before answering, and then stop talking.
- Do not discuss it with peers. They are likely being asked the same questions, and their answers will include what you told them.
- Preserve what helps you. Save texts, emails, schedules, and the names of people who know what happened.
- Call a civilian military defense lawyer. Do it before the commander decides whether to call CID or order a 15-6.
Key takeaways
- A commander’s inquiry is the informal preliminary inquiry required by Rule for Courts-Martial 303.
- It has fewer rules than an AR 15-6 investigation, but it can lead to an Article 15, a 15-6, or a CID referral.
- Article 31(b) applies to your commander and first sergeant when they question you as a suspect.
- You can be ordered to report, but you cannot be ordered to incriminate yourself.
- The inquiry is often the last chance to stop a case before a formal investigation opens.
Frequently asked questions
Is a commander’s inquiry the same as an AR 15-6 investigation?
No. A commander’s inquiry under RCM 303 is informal and needs no appointment memo or legal review. An AR 15-6 investigation is formal, with an appointed investigating officer, written findings, and a legal review.
Does my commander have to read me my rights?
If your commander suspects you of an offense and questions you about it in an official capacity, Article 31(b) requires a rights advisement first. Many informal inquiries skip that step, which is why you should invoke your rights yourself.
Can I get in trouble for refusing to answer?
You cannot be punished for exercising your Article 31(b) right to remain silent about a suspected offense. You must still follow lawful orders, such as an order to report to the commander.
Can I see the commander’s inquiry memo?
Not always during the inquiry. If it is later used in an Article 15, a reprimand, or another action, you or your lawyer can usually ask for the evidence relied on, and you can also make a Freedom of Information Act and Privacy Act request.
Related questions
- Can your commander order you to answer investigator questions?
- Do you have to talk to CID if they want to interview you?
- What to do in the first 72 hours of a military investigation
Video transcript
Read the full transcript of this video
What is a commander’s inquiry? And can it hurt you? It’s the informal look a commander takes at an allegation before deciding whether to do anything bigger. And yes, it can hurt you. Because it has fewer rules than a 15-6, it’s where your first statement usually gets taken, and it’s the document that decides whether CID gets called. I’m Michael Waddington, civilian military defense lawyer and co-founder of Gonzalez & Waddington. The commander’s inquiry is the most informal investigation in the military and the one people take least seriously. Here’s why you shouldn’t.
First, what it is. Under Rule for Courts-Martial 303, when a commander receives information that a member of the command may have committed an offense, the commander is required to make a preliminary inquiry. It can be as simple as the commander asking a few questions or the first sergeant pulling people in one at a time or a lieutenant being told to find out what happened. No appointment memo is required. No legal review is required. No findings format. The commander decides what to do with what they learn. Nothing, a counseling, an Article 15, a 15-6, or a referral to CID.
Second, why it’s dangerous. Because it’s informal, the protections you’d have in a formal investigation are easy to skip. The person asking questions is usually your own chain of command and they ask like leaders, not investigators. Just tell me what happened. I’m trying to help you. But Article 31 of the UCMJ applies to anyone subject to the code who questions a suspect in an official capacity and that includes your commander and first sergeant. Most commanders inquiries don’t include a rights advisement, which means the statement may be inadmissible at a court-martial, but it’s already in the commander’s head. It’s already in the memo and it’s already shaping the decision about what happens next.
Third, what it can lead to. The inquiry memo, often a page or two, goes in a file. If the commander refers the matter to CID, that memo is what the agent reads first, and your statement in it is what they’ll ask you to repeat. If the commander goes to a 15-6, the inquiry defines the scope. If the commander goes straight to an Article 15, the inquiry is the evidence. And if the commander does nothing, the memo still exists, and it can surface when the next allegation comes.
Fourth, what to do. One, recognize it. When your commander or first sergeant asks you about something you could be punished for, that’s a commander’s inquiry, whatever they call it. Two, invoke. “I’d like to speak with a lawyer before I answer questions about that.” Respectfully, once, and stop. You can be ordered to report. You can’t be ordered to speak. Three, don’t discuss it with peers, because they’re being asked the same questions, and their answers will include what you told them. Four, preserve what helps you. Five, call a lawyer, because the inquiry is often the only stage where a case can be ended before it’s opened, and a lawyer’s call to the commander or the legal office can do that.
Fifth, when it’s not adversarial. Some inquiries genuinely are administrative. A lost piece of equipment, a training incident with no one at fault. A lawyer can tell you which kind you’re in. Until then, assume the worst one.
At Gonzalez & Waddington, some of the most damaging statements we’ve seen were given to a first sergeant in a hallway, in a conversation the soldier didn’t know was an investigation.
So, what is a commander’s inquiry, and can it hurt you? The informal first look under RCM 303. And yes, because it’s where the first statement is taken, and the first decision is made. Invoke, stay quiet, and call a lawyer. I’m Michael Waddington, a civilian military defense lawyer and co-founder of Gonzalez & Waddington. We defend service members worldwide facing military investigations, courts-martial, administrative separation boards, and military disciplinary actions. If your career, reputation, or freedom is on the line, you need experienced military defense lawyers fighting for you. When the government builds a case, we build your defense. Visit ucmjdefense.com or call 1-800-921-8607 for a free, confidential consultation.
Talk to a military defense lawyer
Gonzalez & Waddington represents service members worldwide in command investigations, GOMOR and reprimand rebuttals, courts-martial, and administrative separation boards. Michael Waddington, a former Army JAG officer, has been a lawyer for over 25 years. Call 1-800-921-8607 or visit ucmjdefense.com for a confidential consultation.
This article is general information, not legal advice. Every case is different, and reading it does not create an attorney-client relationship.
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