A 15-6 investigation is the military's version of an internal affairs inquiry. It's an administrative tool commanders use to get to the bottom of an incident, but don't let the "administrative" label fool you. While it’s not a criminal trial, its findings can absolutely wreck your career. Understanding this process isn't just helpful—it's your first and most critical line of defense.
What a 15 6 Investigation Means for You
When a commander needs answers—maybe property went missing, or a serious allegation of misconduct surfaces—they often kick off an investigation under Army Regulation (AR) 15-6. This regulation gives them a formal playbook for appointing an Investigating Officer (IO) to gather facts, take statements, and write a report.
Think of the IO as an internal fact-finder. Their job is to answer the classic questions: who, what, when, where, and why. The crucial difference is that a 15-6 is administrative, not criminal. Its main purpose isn't to convict you but to give the commander enough information to decide what to do next. That distinction feels minor, though, when the report's findings can become the launchpad for serious punishment.
From Fact-Finding to Career-Altering Consequences
That "fact-finding" mission can be a Trojan horse. An unfavorable finding in a 15-6 report can start a domino effect of negative outcomes, derailing or even ending a service member's career. Commanders lean heavily on these reports when deciding if they need to bring the hammer down.
Here are a few ways it can play out:
- No Action: If the IO finds nothing or the evidence is weak, the whole thing might just go away.
- Administrative Action: This is the paper trail that follows you. It could be a formal counseling, a letter of concern, or a career-damaging General Officer Memorandum of Reprimand (GOMOR).
- Non-Judicial Punishment (NJP): More commonly known as an Article 15, this is where your commander hands down punishment directly, without a full-blown trial.
- Separation Board: The investigation could be used as the primary evidence to kick you out of the military.
- Referral to Court-Martial: For the most serious allegations, the 15-6 serves as the preliminary investigation that can lead directly to formal criminal charges under the UCMJ.
The 15-6 investigation is often the battle before the war. The evidence and the story built here will shape any legal or administrative fight that follows. A win at this stage can stop a bigger fight from ever happening.
This is why you have to take this initial inquiry dead seriously. For anyone accused of serious misconduct, the 15-6 is the critical moment. These investigations are frequently the first step in UCMJ actions for major offenses like sexual assault. For context, the Department of Defense's own data for FY2024 showed 8,195 reports of sexual assault, yet only a small fraction resulted in disciplinary action, underscoring just how critical that initial fact-finding process is. You can learn more by reading the Department of Defense's annual report on sexual assault in the military.
How you respond during the 15-6 investigation is your best, and sometimes only, chance to control the narrative and protect your future.
15 6 Investigation vs Criminal Investigation At a Glance
It’s easy to confuse an administrative 15-6 with a full-blown criminal investigation run by agencies like CID or NCIS. While they can feel similar to the person being investigated, they operate under different rules and have vastly different goals. Knowing the difference is key to understanding what you're up against.
This table breaks down the core distinctions:
| Characteristic | AR 15-6 Investigation | Criminal Investigation (CID, NCIS, etc.) |
|---|---|---|
| Purpose | Fact-finding for a commander; administrative in nature. | To gather evidence for potential criminal prosecution under the UCMJ. |
| Authority | Appointed by a commander (often not a trained investigator). | Conducted by credentialed federal law enforcement agents. |
| Rights | Limited rights; you may be ordered to provide a statement. | Full Article 31(b)/Miranda rights against self-incrimination. |
| Outcomes | Administrative actions (GOMOR, NJP), separation, or referral. | Potential court-martial, federal conviction, prison time. |
| Standard of Proof | "Preponderance of the evidence" (more likely than not). | "Beyond a reasonable doubt" for a criminal conviction. |
Ultimately, a 15-6 is about informing a commander, while a criminal investigation is about building a case for a prosecutor. But never forget that the findings of a 15-6 can easily become the foundation for that criminal case.
Making Sense of the 15-6 Investigation Process
A 15-6 investigation follows a specific, though often confusing, path. You can think of it as the commander's formal playbook for getting from an allegation to a documented conclusion. If you want to defend yourself, you have to know this roadmap. You need to see the turns coming, not just react to them.
The whole thing kicks off when a commander signs an appointing order. This piece of paper is the starting gun. It officially names the Investigating Officer (IO) and spells out exactly what they're supposed to be looking into. The IO is usually an officer or a senior NCO who is tasked with being an impartial fact-finder, but don't be fooled—their actual experience level in conducting investigations can be all over the map.
The IO's Role and How They Collect Evidence
Once appointed, the IO’s job is to gather all the relevant facts. They are supposed to be thorough and objective, putting together a complete picture for the commander. This isn't some high-stakes criminal probe with search warrants and SWAT teams; it’s a slower, more methodical process that lives and dies by its paper trail.
Typically, the IO will gather evidence in a few key ways:
- Sworn Statements: They will ask for written or oral statements from you (the respondent), the person who made the complaint, and anyone else who might have seen or heard something.
- Document Review: This is where they dig into official records, emails, text messages, old counseling statements, and any other piece of paper that might be connected to the allegations.
- Physical Evidence: Sometimes, they'll need to look at a location, a piece of equipment, or other tangible items related to what happened.
This evidence-gathering phase is the heart of the investigation. The IO bundles every single piece of information into a file that they will use to justify their final conclusions.
From Piles of Evidence to "Findings of Fact"
After collecting everything they can, the IO’s job shifts to analysis. They have to sift through the information and come up with findings of fact. A "finding" is just a formal conclusion the IO believes is supported by a “preponderance of the evidence”—a legal term that simply means it’s more likely than not to be true.
This is a much, much lower standard of proof than the "beyond a reasonable doubt" required for a court-martial. It's a 51% standard.
For every single allegation, the IO has to make a call. For instance, a finding might read, "I find by a preponderance of the evidence that on 12 August, SSG Smith was derelict in his duties by failing to secure the sensitive equipment." These findings are the essential building blocks that form the final report.
The flowchart below shows how this process works—from the initial inquiry straight through to the potential consequences.
As you can see, the administrative inquiry leads directly to the findings, which then give the commander the justification they need to take action.
The Final Report and the Commander's Decision
Finally, the IO pulls everything together into one big, comprehensive report. This package contains the appointing order, all the evidence they gathered (statements, documents, photos), their findings of fact, and, almost always, a set of recommendations for the commander. These recommendations might suggest anything from dropping the whole thing to pursuing administrative punishment or even escalating it to something more serious.
The commander is not bound by the IO's recommendations. The report is advisory, providing the commander with an organized summary of the facts so they can make an informed decision.
This final report is the culmination of the 15-6 investigation process. It gets handed up to the appointing authority, who will review it, consider your rebuttal, and decide what happens next. With video becoming common evidence in these inquiries, it's worth knowing how it's handled. Information on different types of forensic video analysis software can give you insight into how digital evidence is processed and authenticated. Your chance to fight back against these findings is just around the corner.
Understanding Your Rights as a Respondent
When you’re named as the respondent in a 15-6 investigation, it can feel like the ground has vanished from under your boots. But it’s crucial to understand this is not a one-sided steamroll. You are not powerless. The military justice system, even in this administrative setting, gives you fundamental rights that serve as a shield for your career and reputation.
Knowing these rights is the first step. Actively using them is how you build a defense. Asserting your protections isn't an admission of guilt—it’s a smart, strategic move to ensure the process is fair and to avoid unforced errors that can cause permanent damage.
The Right to Formal Notification
You can't defend against secret accusations. Your first and most basic right is to be formally notified of the specific allegations against you. The Investigating Officer (IO) can't just start asking vague questions about some "incident." They must give you a clear, written summary of what you're suspected of doing.
This notification is a critical document. It defines the scope of the 15-6 investigation and tells you exactly what you’re up against. Without it, you’re fighting in the dark. If an IO tries to question you without this formal notice, you should immediately and respectfully state that you need to see the allegations in writing before saying anything else.
Your Right to Review the Evidence
Once you're notified, you also have the right to see the evidence gathered against you. This isn’t a quick peek; you are entitled to review the entire packet of information the IO has compiled.
This includes:
- Witness Statements: You get to read the sworn statements from everyone the IO interviewed.
- Documents and Records: Any emails, text messages, official paperwork, or other documents being used as evidence.
- Physical Evidence: You have the right to inspect photos or descriptions of any physical items related to the case.
Going through this evidence isn’t a passive exercise. It’s your chance to find inconsistencies, identify biased witnesses, and spot procedural mistakes the IO made. This is where the case against you can start to unravel, but only if you and your counsel examine every single page with a critical eye.
The Power of Article 31, UCMJ: Your Right to Remain Silent
This is, without a doubt, the single most important right you have during a 15-6 investigation. Under Article 31 of the UCMJ, you have the absolute right to remain silent. You are not required to make a statement, answer any questions, or provide information that might incriminate you.
You must be read your Article 31 rights before any questioning begins. If they fail to do this, any statement you make could be thrown out. The safest move is always to politely invoke your right to remain silent and state your desire to speak with an attorney.
Too many service members feel pressured to "just explain their side of the story," worried that staying silent makes them look guilty. This is a trap. The IO is not your buddy; they are gathering facts for the commander. Your words can easily be twisted, stripped of context, or misinterpreted. Asserting your right to silence is the smartest defensive play you can make.
The Right to Submit a Powerful Rebuttal
The fight isn't over after the IO completes the report and makes their findings. You have the right to submit a formal rebuttal. This is your opportunity to respond directly to any adverse findings and present your own case. A strong rebuttal isn't just a simple denial; it's a structured, evidence-based counter-argument designed to win.
Your rebuttal can include:
- Your own sworn statement, carefully crafted with your lawyer’s help.
- Statements from your own witnesses who can back up your side of the story.
- Character letters from superiors, peers, and subordinates who can speak to your integrity.
- Documents, photos, or other evidence that directly contradict the IO’s findings.
This rebuttal becomes a permanent part of the official record that goes to the commander. A well-written, persuasive rebuttal can dismantle the IO's report, expose its weaknesses, and convince the commander to take no adverse action. It is your final and best chance to shape the outcome of the entire 15-6 investigation.
Your Immediate Response Plan When Notified
The moment you get word of a 15‑6 investigation is a critical fork in the road for your military career. What you do in the first 24 to 48 hours can either build a strong defensive foundation or dig a hole you can't climb out of. It’s natural to feel a jolt of panic, but a calm, disciplined response is your most powerful weapon.
This is not the time to try and "clear the air" or "just explain what happened." The Investigating Officer (IO) isn't your friend or counselor; they are an agent of the command tasked with gathering facts. The wrong words, actions—or even inaction—can inflict permanent damage on your case before it even gets started.
Your next moves matter immensely. Sticking to a clear plan prevents unforced errors and puts you in a position of strength from the outset. That plan has two parts: the things you must do immediately, and the traps you must avoid at all costs.
What to Do Immediately
Your first actions should be deliberate and focused on self-preservation. Treat this with the gravity it deserves by taking these three non-negotiable steps.
- Invoke Your Rights. This is the single most important thing you can do. Politely but firmly invoke your Article 31 rights to remain silent and to speak with a lawyer. A simple, "I understand. I'm invoking my right to remain silent and I want to consult with counsel before making any statement," is all you need to say.
- Contact Experienced Civilian Counsel. Don't wait. Your detailed military counsel (TDS/DSO) may be sharp, but they are often swamped with cases and are still part of the same system. An independent civilian military defense lawyer works only for you, bringing an outsider's perspective and undivided loyalty to your defense.
- Preserve All Favorable Evidence. Start writing everything down. Create your own detailed timeline of events while it's still fresh. Secure copies of any text messages, emails, photos, or documents that could help your side of the story. Do not alter or delete anything—just make sure you have copies of information that might be useful later.
What to Avoid at All Costs
Just as critical as what you do is what you don't do. The pressure cooker of a 15‑6 investigation causes good service members to make catastrophic mistakes. Avoiding these common pitfalls is vital.
- DON'T Talk to the IO Without a Lawyer. Never agree to an interview or give a statement without your attorney present. Anything you say can and will be used against you, often twisted or stripped of context.
- DON'T Discuss the Case with Anyone. Fight the urge to talk about the investigation with your buddies, your NCOs, or your subordinates. Those casual conversations can be turned into witness statements or start rumors that poison the well and hurt your case.
- DON'T Sign Anything on the Spot. The IO might hand you documents to sign, like a summary of an interview or a rights waiver. Don't sign a single thing until your lawyer has reviewed it.
- DON'T Lie or Mislead. While you absolutely should remain silent, if you do decide to speak with counsel present, you must never provide false information. Lying to an investigator is a separate, serious crime under the UCMJ.
A disciplined approach is your first strategic win. It transforms the situation from a panicked reaction into a controlled, proactive defense, setting the stage for a stronger rebuttal and a better outcome.
To help you remember these critical first moves, here is a quick-reference checklist.
Initial Response Checklist for a 15-6 Notification
| Action Item (DO) | Mistake to Avoid (DON'T) |
|---|---|
| Invoke Your Rights immediately and politely. | Talk to Anyone about the case (peers, command, etc.). |
| Contact Civilian Counsel as your first call. | "Explain" Your Side to the IO without a lawyer. |
| Write Down Everything you remember, creating a timeline. | Sign Any Documents without legal review. |
| Preserve Favorable Evidence (texts, emails) without altering it. | Lie or Mislead investigators if you do speak. |
Following these simple rules can make all the difference between a minor administrative headache and a career-ending disaster. It puts you back in control and signals to the command that you are taking this seriously.
How a 15-6 Investigation Spirals into an Article 15 or Court-Martial
When a 15-6 investigation report lands on a commander’s desk, it’s not the end of the story—it's the beginning of a decision that can alter your entire career. Think of the adverse findings in that report as kindling. The commander’s next move is the match.
That report often becomes the only source of "facts" the command relies on. If the Investigating Officer (IO) decides misconduct "more likely than not" happened, that conclusion becomes the launchpad for a whole range of punishments. This is where the dominoes really start to fall.
Armed with the IO's findings, the commander has several options. One of the most common is non-judicial punishment (NJP), which everyone in uniform knows as an Article 15.
From Findings to Punitive Action
An Article 15 is a tool commanders use to punish minor offenses without going through a full court-martial. But the findings from a 15-6 investigation can make an alleged offense seem anything but minor, giving the commander all the justification they need to hammer you with serious penalties.
The 15-6 report essentially becomes the prosecution's entire case file for the Article 15. The IO's conclusions are treated as gospel, and your rebuttal is your one and only shot to defend yourself before the commander brings the hammer down. A weak or nonexistent rebuttal is a fatal mistake.
This is exactly why you have to treat the 15-6 investigation like it's the main event. If you can dismantle the case against you during the rebuttal phase, you can stop a potential Article 15 in its tracks before it ever gains momentum. You can find more details in our comprehensive guide on what is an Article 15 under the UCMJ.
When a 15-6 Becomes the Basis for a Court-Martial
For more serious allegations, the stakes get much higher. A commander can take that same 15-6 report and use it as the foundation to prefer charges and recommend a court-martial. The administrative findings are simply handed over to the trial counsel (the prosecutor), who uses them to build a formal criminal case.
This jump from an administrative headache to a criminal nightmare is especially dangerous in cases involving serious allegations like sexual assault under Article 120. These investigations don’t happen in a vacuum; they happen in a military environment under intense pressure to address its sexual assault crisis.
Statistics from 2018 showed an estimated 20,500 service members were sexually assaulted, with rates jumping nearly 40% in just two years. When a 15-6 targets a service member for an alleged Article 120 violation, these numbers create a zero-tolerance atmosphere where a single adverse finding can trigger catastrophic consequences. You can find more insights about military sexual trauma statistics at Hill & Ponton.
A negative 15-6 finding can directly lead to any of these outcomes:
- Article 15 (NJP): The most common outcome for minor to moderate offenses, resulting in loss of rank, pay, and extra duties.
- GOMOR (General Officer Memorandum of Reprimand): A career-ending letter of reprimand that gets permanently filed in your official record.
- Administrative Separation Board: The investigation becomes Exhibit A in the command's effort to kick you out of the military, often with a less-than-honorable discharge.
- Court-Martial: For the most severe allegations, leading to a federal conviction, prison time, and a dishonorable discharge.
The path from a simple 15-6 inquiry to a full-blown court-martial is a straight line. That initial investigation builds the narrative, collects the statements, and organizes the evidence that prosecutors will later use to convict you. Your strongest defense begins by attacking that narrative right at the source.
Why an Independent Military Defense Lawyer Is Crucial
When your career is on the line during a 15-6 investigation, the lawyer you choose is one of the most important decisions you'll ever make. The military will offer you free counsel through the Trial Defense Service (TDS) or Defense Service Office (DSO), and while that might seem like enough, relying solely on this option can put you at a serious disadvantage.
Appointed military counsel are often good, dedicated officers. But they're also operating inside a strained and overburdened system. Juggling massive caseloads is the norm, which limits the time and focus they can give your case. More importantly, they are part of the very same command structure that’s investigating you, which can create both real and perceived conflicts of interest.
The Advantage of True Independence
Hiring an experienced civilian military defense lawyer gives you one thing the system can't: true independence. A civilian attorney's only loyalty is to you and your case.
They operate completely outside the chain of command, free from military politics, career pressures, or pressure from the brass. This freedom allows them to challenge the process, attack the evidence, and confront the Investigating Officer (IO) with an aggressiveness that a detailed military counsel often can't risk.
This independence is your tactical advantage. Here’s how:
- Undivided Attention: Your case becomes their priority, not just another file in a mountain of paperwork.
- Aggressive Advocacy: They can push back hard against command influence without worrying about their next performance review.
- Objective Strategy: Their legal game plan is built on the facts and the law, not on military customs or unwritten rules.
Launching a Parallel Investigation
A top-tier civilian defense lawyer doesn’t just react to the IO’s findings—they launch their own parallel investigation from day one. They have the resources and autonomy to hire private investigators, bring in forensic experts, and hunt down witnesses the IO conveniently overlooked. It’s about building your defense, not just poking holes in the command’s flimsy narrative.
An independent counsel doesn’t just play defense; they go on the offensive. Their mission is to unearth the exculpatory evidence, expose every procedural shortcut, and build a counter-narrative so powerful it dismantles the command’s case before it ever becomes an Article 15 or court-martial.
This means meticulously re-interviewing every witness, scrutinizing evidence for fatal flaws, and finding the facts that prove your side of the story. If you're facing an investigation, figuring out your first steps is key. For most, that starts with a consultation, and learning how much a lawyer consultation fee might be can help you plan.
Hiring a civilian lawyer is an investment in protecting your career, your rank, and your future. It’s how you ensure you have a dedicated fighter in your corner who can defend you without reservation. You can learn more about the critical timing in our guide on when to involve a military defense lawyer during an investigation.
Common Questions About the 15 6 Investigation Process
The moment you’re notified of a 15 6 investigation, your mind starts racing. The military’s formal language and opaque procedures can feel designed to confuse you, leaving you completely unsure of what to do next. This section cuts through the jargon to give you direct, clear answers to the questions every service member asks.
Our goal is simple: give you the essential information you need to make smart decisions right now. Understanding these fundamentals is the first step in defending your rights and fighting back against the allegations.
Can I Refuse to Make a Statement?
Yes. And you absolutely should. Under Article 31, UCMJ, you have a fundamental right to remain silent. You are not required to answer a single question from the Investigating Officer (IO) or provide any statement that could be turned around and used against you.
Politely declining to speak until you’ve consulted an attorney is not an admission of guilt. In reality, it’s the single most strategic and important thing you can do to protect yourself. It prevents your own words from being twisted, misinterpreted, or taken out of context.
Asserting your rights is a protected act. All it takes is a simple, respectful statement: "I'm invoking my rights under Article 31 and will not make a statement until I have spoken with my lawyer."
This one move prevents unforced errors and buys you and your legal team the time needed to review the evidence and build a real defense strategy.
What Happens If the 15-6 Finds Against Me?
An adverse finding from a 15 6 investigation isn’t the end of the road, but it does kick off the next critical phase of the fight. Once the IO finishes the report, you will be formally presented with the findings and given a specific window of time to submit a rebuttal.
This is your shot to counter the report. The commander will then review both the investigation and your rebuttal before deciding what to do next. The possible outcomes range widely:
- No further action if your rebuttal successfully dismantles the findings.
- Administrative punishment, like a career-killing letter of reprimand (GOMOR).
- Non-Judicial Punishment (NJP), better known as an Article 15.
- Referral to a separation board to kick you out of the service.
An adverse finding is just the start of the next battle, not the end of the war.
Will This Be Permanent on My Record?
The 15-6 report itself is an internal command document and might not end up in your permanent file. However—and this is the critical part—any administrative or punitive action that results from it most certainly will be. A GOMOR, for example, is specifically designed to be filed in your Official Military Personnel File (OMPF).
That filing creates a permanent black mark on your record that can block promotions, kill your chances for reenlistment, and follow you long after you leave the service. This is exactly why a powerful, aggressive defense from day one is so essential.
We've covered some of the most pressing questions service members have when they find themselves in the crosshairs of a 15-6. To make it even clearer, here are the key takeaways.
| 1. Can I refuse to make a statement to the Investigating Officer? |
| Yes. Under Article 31, UCMJ, you have the right to remain silent. Politely declining to make a statement until you have spoken with an attorney is a protected right and not an admission of guilt. It is the single most important step you can take to protect yourself. |
| 2. What happens if the 15-6 investigation finds against me? |
| After receiving the report, you will have a chance to submit a rebuttal. The commander will then review the findings and your rebuttal before deciding on the next steps. These can range from no action to NJP, a letter of reprimand (GOMOR), or referral to a separation board. An adverse finding is the beginning of the next phase, not the end of the fight. |
| 3. Will a 15-6 finding be permanent on my record? |
| An adverse 15 6 itself may not be filed in your permanent record, but any resulting administrative action, like a GOMOR, almost certainly will be placed in your Official Military Personnel File (OMPF). This can have devastating long-term career consequences, which is why a strong, early defense is paramount. |
Knowing your rights is the first step, but executing a defense strategy is what wins the fight.
Facing a 15 6 investigation can feel like you're navigating a minefield alone. You don't have to. The experienced attorneys at Gonzalez & Waddington live and breathe military justice and are ready to protect your rights, your career, and your future. Contact us for a consultation and start building your defense today.
