I Was Named the Subject of an AR 15-6 Investigation. What Should I Do?

How do you get a copy of your AR 15-6 investigation? Before the Army takes adverse administrative action against you based on a 15-6, it has to give you written notice, a copy of the relevant findings and evidence, and at least 10 business days to respond. If you want more than that, you request it through your command or under the Freedom of Information Act and Privacy Act. I’m Alexandra González-Waddington, civilian military defense lawyer and co-founder of Gonzalez & Waddington.

We review AR 15-6 investigations for soldiers and officers every week. In this video, I’ll explain how to get your file, what’s in it, and how to read it like a defense lawyer so you can find the weaknesses before you write a single word of your rebuttal. First, the regulation changed. In June 2025, the Army published a new edition of AR 15-6, replacing the 2016 version that most websites still quote.

The new regulation has three kinds of procedures: preliminary inquiries, administrative investigations, and boards of officers. Most soldiers who say they’re under a 15-6 are in an administrative investigation, with a single investigating officer collecting statements and writing findings and recommendations. The standard of proof is a preponderance of the evidence, which means more likely than not. That’s a low bar, which is exactly why you need to see the evidence and challenge it.

Second, are you a subject or a respondent? These words matter. In an administrative investigation, the appointing authority can name you as a subject, meaning there’s some credible evidence you were involved and adverse action may follow. A respondent exists only in a formal board. Respondents get the most rights: notice, the right to counsel, the right to be present, examine evidence, cross-examine witnesses, and call their own.

A subject in an administrative investigation has fewer rights during the investigation itself. You don’t get to sit in on interviews or cross-examine witnesses. But if you’re suspected of a crime, you’re entitled to an Article 31 rights warning before you’re questioned, and the investigating officer can’t hold your silence against you. Your biggest rights come at the end, before action is taken.

Third, the rights you have before adverse action. Under the 2025 regulation, before the Army uses a 15-6 to take adverse administrative action against you, like a general officer memorandum of reprimand, a relief for cause, or a separation, you must get written notice of the proposed action, a copy of the relevant findings and supporting evidence, and at least 10 business days to submit a written rebuttal. Guard and Reserve soldiers get at least 20. The decision maker has to consider what you submit, and if another regulation, like the reprimand or separation regulation, gives you more protection, that one controls.

Commissioned officers have an additional right. If an investigation contains adverse information about an officer, the officer gets to see it and respond before the approval authority acts on the findings, with at least 10 business days, whether or not any adverse action is planned. The approval authority can extend that same opportunity to warrant officers and enlisted soldiers, and it’s worth asking.

Fourth, how to get the file. You’ll usually receive a redacted copy when the command refers the findings to you for rebuttal. Redactions are normally done by the legal office. The names of witnesses and accusers generally stay in, because you can’t respond to evidence if you don’t know where it came from. Other personal information about third parties is removed unless removing it would substantially impair your ability to respond.

If the packet you receive is incomplete, request the rest in writing through your command and the legal office, and if needed, file a Freedom of Information Act and Privacy Act request for the full report of investigation, the exhibits, and the legal review. Nothing gets released without approval from the appointing authority or the release authority, so put your request in writing, keep a copy, and follow up. A lawyer can often get a more complete file faster.

Fifth, what’s in the file? A complete 15-6 package usually includes the appointment memorandum, which defines the scope of the investigation and the questions the officer was told to answer; the investigating officer’s report on DA Form 1574-1 with findings and recommendations; sworn statements, interview summaries, and recordings; documents, photos, texts, and emails; a chronology; rights warnings, if any were given; the legal review; and the approval authority’s action approving, disapproving, or modifying the findings.

Sixth, how to read it like a defense lawyer. Start with the appointment memo. Did the investigating officer stay within the scope or wander into issues they weren’t appointed to investigate? Then go to the findings. For each finding, ask what specific evidence supports it. Is it a sworn statement or a summary the investigating officer wrote? Is it an opinion dressed up as a fact? Check who was interviewed and who wasn’t. Missing witnesses are one of the most common flaws, especially witnesses who would have helped you.

Compare statements against each other and against the documents: dates, times, and who said what. Look for witnesses who talked to each other before giving statements. Check whether you were treated as a suspect without being read your rights. Check whether the recommendations go beyond what the findings support. And read the legal review. Sometimes the government’s own lawyer flags the same problems you’re about to raise.

Seventh, common problems we find: investigations that are one-sided, where the investigating officer accepted every allegation and never tested it; hearsay stacked on hearsay with no firsthand witness; findings based on a climate or perception rather than specific acts, which is common in toxic leadership investigations; statements taken in groups or after the witnesses compared notes; evidence that clearly favors the soldier left out of the analysis; and findings that are drafted to justify a decision that was already made. Each of those is a point for your rebuttal.

Eighth, what happens after the approval authority acts? The approval authority can approve, disapprove, or change the findings and recommendations, or send the investigation back for more work. There’s no formal appeal of approved 15-6 findings, but you can ask for reconsideration based on new evidence or a mistake of law, fact, or procedure, generally within one year of approval. And your rebuttal to any adverse action based on the 15-6 is your chance to attack the investigation itself. In our next video, we’ll walk through how to write that rebuttal section by section.

Ninth, what to do right now. One, if you’re named a subject, don’t give a statement until you’ve talked to a lawyer, especially if there’s any chance of criminal misconduct. Two, request the complete file in writing as soon as the findings are referred to you. Three, calendar your deadline the day you get the notice, and if you need more time, ask for an extension in writing before the deadline passes. Four, start gathering your own evidence: witnesses, documents, texts, and evaluations. Five, get a lawyer to review the file. The investigating officer had weeks or months. You have 10 business days.

At Gonzalez & Waddington, we review AR 15-6 investigations, write rebuttals, and fight the general officer memorandums of reprimand, reliefs, and separations that come after them, for soldiers and officers worldwide. So, how do you get your AR 15-6 file? Before adverse action, the Army has to give you notice, the relevant findings and evidence, and at least 10 business days to respond. And you can request the full report in writing or through FOIA and the Privacy Act. Get the file, read it critically, and get help.

I’m Alexandra González-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.