How to Protect Your Rights During a Command Investigation – Military Legal Defense
Gonzalez & Waddington, Attorneys at Law is a globally recognized military defense firm that helps U.S. service members protect their rights during command investigations. Whether you’re facing an informal 15-6, a preliminary inquiry, or a full-blown Inspector General or AR 15-6 investigation, what you do—or don’t do—in the early stages can make or break your case.
We defend service members worldwide across all branches—Army, Navy, Air Force, Marines, Space Force, and Coast Guard. Michael Waddington and Alexandra Gonzalez-Waddington have handled some of the military’s highest-profile and most complex investigations. Our team provides strategic guidance from day one—before adverse action, charges, or separation paperwork is initiated. We help clients preserve their careers, reputations, and security clearances by preparing intelligently and responding tactically.
- We provide early representation for clients under AR 15-6, preliminary inquiries, or IG investigations before adverse action is recommended.
- We help service members draft rebuttals, witness statements, and legal responses to command findings.
- We defend against findings that trigger GOMORs, administrative separations, Boards of Inquiry, Article 15s, or court-martial referrals.
- We advise on legal strategy during informal interviews, questioning by investigators, and command fact-finding sessions.
- We protect your retirement, clearance, promotion potential, and future opportunities by proactively engaging with the process.
If you’re under investigation or have been notified of an inquiry, contact Gonzalez & Waddington. The investigation phase is where careers are lost—or saved.
If you are the subject of a command investigation in the military, you may feel overwhelmed, anxious, and unsure of your rights. These investigations can be deeply intrusive, potentially career-altering, and emotionally taxing. Understanding Command Investigation Defense is essential to navigating this high-stakes environment. Whether you’re facing accusations of misconduct or being questioned about unit-related incidents, protecting your rights early can make a significant difference. You’re not just defending your position, you’re safeguarding your military record, future promotions, benefits, and even your freedom. This guide is designed to walk you through the essentials of Command Investigation Defense and provide you with effective strategies for managing the process with confidence and clarity. Everyone deserves a fair process, and knowing what to expect is the first step toward building a strong defense.
What you should know about defending yourself in a command investigation
Command Investigation Defense refers to the processes and strategies used to protect yourself legally and professionally when under investigation by military leadership. These investigations are often initiated by commanders when there are reports or suspicions of misconduct, safety violations, or other regulatory breaches involving service members.
Unlike criminal proceedings, a command investigation is administrative in nature. But don’t be fooled—its findings can still carry serious consequences, including discharge, demotion, or referral to court martial. For example, if you’re accused of mishandling sensitive equipment, the findings could result in non-judicial punishment or a record of poor judgment. In another case, an anonymous complaint about alleged hazing can lead to interviews, document reviews, and scrutiny of your entire career conduct.
The process may seem informal, but its impact is not. Understanding what evidence investigators seek and knowing your rights during interviews or document review is vital. Having an experienced advocate or legal counsel can help ensure your side of the story is heard fairly and with full knowledge of your legal protections.
Why it’s vital to take command investigations seriously
Command investigations may start informally, but their outcomes are often far-reaching. From administrative action to the possibility of a court martial, the stakes are incredibly high. Many service members mistakenly believe that cooperation alone will protect them. However, without a clear defense strategy, they risk their careers and reputations.
Failing to understand or prepare for the consequences of a command investigation can lead to unintentional self-incrimination. Legal guidance is not just helpful, it is critical to ensure that you don’t make avoidable errors. Proper Command Investigation Defense helps you handle the process strategically and assert your rights, ultimately influencing the outcome and preserving your career.
- Scenario 1 and consequence 1: A junior enlisted sailor is accused of using inappropriate language while on duty. Despite no formal charges, the investigation results in a negative performance review that affects promotion eligibility.
- Scenario 2 and consequence 2: An officer under investigation for alleged fraternization fails to secure legal assistance and unknowingly admits to policy violations, leading to administrative separation.
- Scenario 3 and consequence 3: A Marine is suspected of misusing government property. Although the investigation shows no criminal intent, sloppy recordkeeping results in a recommendation for non-judicial punishment and financial reimbursement.
The investigative process and how defense strategies apply
- Step 1: The commander appoints an investigating officer (IO) to look into the allegation. This officer gathers preliminary facts to determine if further action is necessary.
- Step 2: The IO conducts interviews, collects documents, and compiles findings into a report. This stage may include direct interaction with the subject of the investigation.
- Step 3: Once completed, the investigation report is reviewed by the command. The commander decides if disciplinary action, administrative changes, or no further action is warranted.
Smart strategies for navigating a military investigation
Common concerns about command investigation defense explained
How Gonzalez & Waddington empowers military clients during investigations
Gonzalez & Waddington is a globally recognized law firm dedicated to defending the rights of military personnel. With decades of experience handling command investigations, they understand the nuances of military law, the chain of command, and the complex risks involved. Their team actively supports service members through every stage of the process—from initial notifications to hearings and appeals. The firm’s attorneys provide strategic guidance that aligns with the unique challenges of military culture and expectations. Clients benefit from responsive communication, extensive legal expertise, and the peace of mind that comes from having advocates who genuinely care. Whether stationed stateside or overseas, Gonzalez & Waddington offers dependable support when your career, future, and freedom are on the line.
The essential facts about defending yourself in command investigations
Command Investigations – Frequently Asked Questions
What is a command investigation in the military?
A command investigation is a fact-finding process initiated by a commander to determine whether misconduct, rule violations, or performance issues occurred. It can be informal (like a preliminary inquiry) or formal (like an AR 15-6 investigation or IG probe). These investigations often lead to disciplinary action, adverse paperwork, or even criminal charges.
Do I need a lawyer during a command investigation?
Yes. The earlier you involve a lawyer, the better your chances of protecting your career. Even if you’re told you’re “not the subject” of the investigation, the facts can shift quickly. We help you avoid self-incrimination, prepare witness statements, and challenge flawed findings before they turn into punitive action.
Can statements I make during the investigation be used against me?
Yes. Anything you say—even informally to an investigator, superior, or witness—can be used as evidence or included in a report. That’s why we advise clients to consult with counsel before speaking. Many careers are lost due to “off-the-record” comments or rushed written statements made without legal advice.
What happens if the command recommends adverse action?
If a command investigation results in adverse findings, you could receive a GOMOR, Article 15, referral to a separation board, BOI, or even criminal charges. Early legal strategy gives you the best chance of stopping these actions before they gain momentum. We help you challenge flawed conclusions and correct the narrative before it’s too late.
Can I refuse to participate in a command investigation?
You can invoke your rights under Article 31(b) if questioned about misconduct. You are not required to make a statement that could incriminate you. However, refusing to cooperate entirely—without strategy—can sometimes backfire. We help you assert your rights while avoiding the appearance of guilt or obstruction.
What should I do if I learn I’m under investigation?
Stay calm, do not discuss the case with anyone except legal counsel, and contact an experienced military defense attorney immediately. Avoid writing statements, texting about the incident, or trying to “explain” yourself to the chain of command. Let us help you protect your record and your future.
