Military Command Investigations Defense Lawyers

TLDR – What You Must Know About Command Investigations

Military command investigations are not harmless “fact-finding” exercises. They are often the launching pad for GOMORs, NJP, administrative separations, Boards of Inquiry, and even court-martial charges. The investigating officer is usually not trained, the process is biased by design, and anything you say can be twisted into “evidence” against you. If you are the subject of a command-directed investigation, you need experienced civilian military defense lawyers guiding every step, especially your written rebuttal.

• Most command investigations are run by untrained officers, not professional investigators.
• The findings frequently drive reprimands, NJP, relief for cause, separations, and charges.
• You have the right to remain silent and to consult a military defense lawyer.
• A powerful written rebuttal can flip findings, save careers, and prevent follow-on action.
• Gonzalez & Waddington has defended hundreds of command investigations and rebuttals worldwide.

What Is a Military Command Investigation?

A military command investigation is an administrative investigation ordered by a commander to “find the facts” about an incident, allegation, or problem in the unit. It might be called a Command-Directed Investigation (CDI) in the Air Force, an AR 15-6 investigation in the Army, a JAGMAN investigation in the Navy and Marine Corps, or a similar administrative inquiry in the Coast Guard or Space Force. Different name, same danger: the findings become the official narrative of what “really happened” and can follow you for the rest of your career.

Unlike criminal investigations run by trained agents from CID, NCIS, OSI, or CGIS, command investigations are usually conducted by an officer with little to no investigative training. They rely on what they are told by the command, the complainant, and the legal office. If you do not have strong legal guidance from the start, the process will often lean against you.

Different Labels Across the Services, Same Threat to Your Career

Each service has its own label and governing regulation, but they all share the same core structure and risks.

• Army – AR 15-6 investigations (governed by Army Regulation 15-6).
• Air Force/Space Force – Command-Directed Investigations (CDIs) under service instructions.
• Navy/Marine Corps – JAGMAN investigations under the JAG Manual.
• Coast Guard – Administrative investigations under Coast Guard regulations.

Regardless of the label, a command investigation can become the foundation for adverse administrative action, a career-ending letter of reprimand, or court-martial charges. That is why Gonzalez & Waddington positions itself as the firm that service members call when the command investigation memo hits their inbox.

Why Command Investigations Are So Dangerous

Many service members mistakenly believe that a command investigation is “no big deal” because it is “not criminal.” That is a costly mistake. The commander’s findings, once approved, can become the official truth that everyone else in the system relies upon for years.

• Findings and conclusions can be placed in your permanent file.
• Negative findings can be used to justify:
  • GOMORs and letters of reprimand.
  • Nonjudicial punishment (Article 15/NJP/Mast).
  • Relief for cause and removal from key billets.
  • Adverse evaluations (OER, NCOER, FITREP).
  • Bars to continued service and promotion denials.
  • Administrative separation boards or Boards of Inquiry.
  • Referral to a full-blown criminal investigation and court-martial.

In other words, the command investigation is often the first domino. If you handle it wrong or take it lightly, everything that comes next gets much harder to fight.

Four to Five Real-World Reasons You Might Be Under a Command Investigation

Command investigations are used for far more than “serious criminal” matters. Some of the most common triggers include:

• Alleged toxic leadership or hostile command climate – Complaints that you are a “bully,” “toxic,” or “abusive” leader.
• Fraternization, inappropriate relationships, or “unprofessional” conduct – Mixed-rank relationships, dating, or social media interactions that someone claims are improper.
• Misuse of government resources – Travel vouchers, GTC issues, vehicle misuse, or time-card fraud.
• Hazing, bullying, or equal opportunity complaints – Alleged mistreatment, jokes, or team rituals interpreted as hazing or discrimination.
• Incidents involving accidents, injuries, or property loss – Training accidents, negligent discharges, lost equipment, or safety incidents.

If you do not take these investigations seriously and respond strategically with the help of an experienced military lawyer, the outcome can be devastating:

• You could be branded as a toxic leader or integrity risk for the rest of your career.
• You could lose command, key duty positions, and promotion chances.
• You could be separated short of retirement or forced out with a damaging narrative.
• You could face parallel NJP or court-martial charges built entirely on one-sided findings.
• Your reputation in a tight-knit community can be permanently stained.

How Command Investigations Actually Work

The Initial Command Inquiry

Everything often starts with a whisper, complaint, or rumor. Under the Rules for Courts-Martial and service regulations, commanders have a duty to inquire into suspected misconduct. This initial step (often called an RCM 303 inquiry in the Army) is usually informal, done by the commander or a senior leader who gathers basic facts and decides whether to launch a formal command investigation.

Appointment of the Investigating Officer

If the commander believes “something might have happened,” they issue an appointment memorandum selecting an Investigating Officer (IO) and defining the scope. The IO is usually:

• Senior in rank to you or at least not junior.
• Not a trained professional investigator.
• Briefed by the legal office but largely left to figure it out.

By the time the IO is appointed, they often know the “story” from the complainant and the command. That creates confirmation bias from day one.

Fact Gathering and Interviews

The IO then begins collecting evidence: interviewing witnesses, reviewing documents, pulling emails and messages, and requesting records. The IO has broad authority over military witnesses but must read you your rights if you are suspected of misconduct. Your choices at this stage are critical: speak without guidance and risk incriminating yourself, or remain silent and build a strategic rebuttal later.

Findings, Conclusions, and the Rebuttal Window

Once the IO finishes, they draft findings of fact and conclusions. In some commands and for certain ranks, you may be allowed to review a draft and submit a rebuttal. For many junior members, the first time they see the report is when it is already approved and being used against them.

This is where Gonzalez & Waddington’s experience matters. A powerful written rebuttal can expose gaps, bias, and shaky conclusions. It can give the approving authority a legitimate, documented reason to reject or modify the findings.

The Approval Authority – Where the Real Power Sits

The IO does not make the final call. The approval authority (often a higher commander) reviews the investigation and can:

• Accept the findings as written.
• Reject some or all of them.
• Modify findings to be more or less severe.
• Direct follow-on actions such as reprimands, NJP, or separation.

That is why a well-crafted rebuttal and a strong advocacy package are critical. You are not just arguing with the IO; you are speaking to the decision-maker who controls your future.

Five Essential Tips If You Are Under a Command Investigation

• Tip 1 – Do not give off-the-cuff statements. Casual “off the record” comments to the IO, the first sergeant, or chain of command are not off the record. Treat every conversation as if it will appear in the report.
• Tip 2 – Get experienced civilian counsel early. Waiting until the report is finished is a mistake. Early strategy can shape what witnesses say, how documents are interpreted, and how your story is presented.
• Tip 3 – Preserve evidence immediately. Save texts, emails, social media messages, photos, and anything else that supports your side. Do not delete or alter anything.
• Tip 4 – Plan your rebuttal from day one. Even if you choose to remain silent during the interview phase, you should be building a rebuttal strategy with your lawyer in case the findings go against you.
• Tip 5 – Think beyond the investigation. The real battles are often the GOMOR, NJP, separation board, or BOI that follows. Your approach to the command investigation must be part of a larger defense plan.

Why Gonzalez & Waddington Are the Go-To Command Investigation Lawyers

Our firm has built a worldwide reputation not only for winning courts-martial, but for stopping cases at the command investigation level. We routinely write rebuttals that cause approving authorities to reject IO findings, cancel proposed reprimands, and back away from separation actions. Service members and other lawyers seek us out when a command investigation is about to define someone’s career.

• Decades of experience fighting command investigations across all branches.
• Hundreds of command-directed, AR 15-6, CDI, and JAGMAN rebuttals drafted and fought worldwide.
• Deep familiarity with how IOs think and how approval authorities decide.
• Integrated strategy: we think ahead to GOMORs, NJP, boards, and possible court-martial.
• Global reach – we represent service members in the U.S., Europe, the Middle East, and the Pacific.

Get Ahead of the Command Investigation

If you have been notified that you are the subject of a command investigation, a CDI, a JAGMAN investigation, or an AR 15-6, you are already behind schedule if you do not have a defense strategy. The IO is working right now. The command is being briefed right now. You need your own team.

➤ Contact Gonzalez & Waddington now for a confidential command investigation defense strategy session.

Rebuttals and Damage Control

Even if the investigation is complete and the findings are against you, it may not be too late. A strong rebuttal and mitigation package can still change the outcome or significantly reduce the damage. Do not submit a rushed, emotional or DIY rebuttal that the command will ignore.

➤ Schedule a consult to have our team craft a professional, aggressive rebuttal to your command investigation.

Military Command Investigations – Frequently Asked Questions