What to Do When You Become the Target of a Military Command Investigation

TLDR – Once You Are the “Subject” of a Command Investigation, Your Career Is Already in Danger

If you receive notice that you are a subject or suspect in a command investigation, you are not dealing with a harmless administrative process. You are confronting a system designed to produce negative findings that justify punishment, relief for cause, administrative separation, or court-martial referral. The biggest mistake service members make is believing the IO or command is “just gathering facts.” They are building a case. You must build yours.

• Your chain of command drives the process, and the investigation is rarely neutral.
• The IO is not a trained investigator and often enters the process already biased.
• Any statement you make becomes evidence – even casual conversations.
• Your rebuttal is your single most powerful weapon, but only if handled professionally.
• Gonzalez & Waddington is widely regarded as the world’s #1 defense firm for command investigations.

You Received Notification You Are Under Investigation – What That Really Means

When the military notifies you that you’re a subject in a command-directed investigation, the process is already well underway. Most service members think the notification is the beginning. In reality, it is the midpoint.

Before You Are Notified, the Following Has Usually Already Happened:

• The commander received a complaint or rumor.
• The commander conducted a preliminary RCM 303 inquiry (often secretly).
• Leaders informally interviewed peers or subordinates about you.
• The JAG office advised the command on potential misconduct.
• An Investigating Officer (IO) was selected and briefed on what “needs to be found.”
• The IO may have already interviewed several witnesses without your knowledge.

In other words, by the time you’re notified, your case already has momentum—but not in your favor. This is why immediate legal intervention is critical.

Why You Should Not Speak to Anyone About the Investigation Without a Lawyer

Most careers are lost in the first 48 hours because service members try to explain themselves. They call their first sergeant. They meet with their commander. They try to “clear things up” with the IO. Every word becomes ammunition that the IO can use against you.

Anyone You Speak to Can Become a Witness Against You:

• Your commander
• Your first sergeant
• Your peers
• Your subordinates
• The investigating officer
• Your friends

There is no such thing as an “off-the-record” conversation in a command investigation.

The Most Important Decision You Will Make: Whether to Provide a Statement

Most service members do not understand that they do NOT have to answer questions in a command investigation. You can remain silent and not be punished for invoking your rights. However, whether to give a statement—or what KIND of statement to give—is a strategic decision that requires expert legal advice.

There Are Three Options:

• 1. Remain Silent – Often the safest choice early in the process.
• 2. Provide a Written Statement – Only if crafted by an experienced defense attorney.
• 3. Participate in an Interview – Only when part of a coordinated rebuttal strategy.

Giving an uncoached interview is like walking into a minefield blindfolded.

Four Real Reasons You Might Be Targeted in a Command Investigation

1. Workplace Conflict or Leadership Friction

Commanders sometimes use investigations to remove leaders they dislike or to resolve internal political disputes.

2. Complaints About Your Leadership Style

A single disgruntled subordinate can trigger an investigation that spirals into allegations of toxic leadership.

3. Off-Duty Misconduct or Relationship Issues

Even consensual relationships or petty disputes can generate allegations that lead to professional consequences.

4. Administrative Errors or Oversights

Travel vouchers, GTC issues, lost equipment, or paperwork mistakes often become “integrity” allegations.

The Investigating Officer (IO): What They Really Do

The IO is appointed because they are senior in rank, not because they have investigative skill. They may lack training in forensics, interviewing, evidence weighing, or credibility assessment. IOs often rely on:

• The legal office’s summary of the allegation
• Emails from the complainant
• Rumors circulating in the unit
• Testimony from individuals with personal biases
• Confirmation bias (“If the command opened an investigation, something bad happened”)

Without strong defense intervention, the IO’s version of events becomes the “truth” in your official record.

The Power of a Strategic Rebuttal

The most important phase of the entire process is your rebuttal. This written response—crafted by your lawyer—is often the only document that the approval authority sees from YOUR side.

A powerful rebuttal can:

• Expose holes in the IO’s logic
• Highlight inconsistent or biased witness statements
• Provide missing evidence the IO ignored
• Shift the narrative completely
• Prevent the command from taking adverse action
• Save your rank, your clearance, and your retirement

The Consequences of Mishandling a Command Investigation

If you let the IO misrepresent you without challenge, the long-term consequences can include:

• Negative OERs, NCOERs, or FITREPs
• Involuntary reassignments or relief for cause
• Bars to reenlistment
• GOMORs or written reprimands
• Administrative separations
• Officer elimination or show-cause boards
• Referral to Article 15 / NJP / Mast
• Even referral to court-martial

This is why service members who take command investigations seriously—and hire elite defense counsel early—have dramatically better outcomes.

Five Critical Tips to Follow the Moment You Learn You’re Under Investigation

• Tip 1 – Stop talking. Immediately. Silence protects you; explanations sink careers.
• Tip 2 – Do not try to “clear things up” with anyone. Every conversation becomes evidence.
• Tip 3 – Document everything. Save texts, emails, orders, receipts, and timelines.
• Tip 4 – Build your own witness list. Identify supportive witnesses early before the IO shapes opinions.
• Tip 5 – Contact Gonzalez & Waddington immediately. We specialize in strategic intervention and rebuttal dominance.

Army Regulation governing investigative procedures:
Army Regulation 15-6 (Procedures for Administrative Investigations)

Why Gonzalez & Waddington Are the Most Sought-After Command Investigation Lawyers in the World

No firm has handled more command investigations across more continents than Gonzalez & Waddington. Service members worldwide—from Korea to Germany, Italy to Japan, Kuwait to Fort Liberty—call us when everything is on the line.

• Hundreds of AR 15-6, CDI, JAGMAN & command investigation rebuttals successfully defended
• Decades of experience representing officers, NCOs, aviators, SOF, cyber, and intel personnel
• Rebuttals known for strategic narrative, evidence mastery, and persuasive logic
• Renowned cross-examination skill applied to dismantling investigative findings
• A global reputation for preventing separations, reprimands, NJP, and court-martials

Protect Your Career Before It Gets Destroyed

If the command has turned its attention on you, your military future is already in jeopardy. You cannot navigate this alone. The IO has attorneys advising them. You should too.

➤ Schedule a confidential strategy session with Gonzalez & Waddington.

Rebuttals That Change Careers

Your rebuttal is your moment in the fight. Let us craft it the right way—professionally, strategically, and powerfully.

➤ Hire our team to write the rebuttal that protects everything you have built.

What to Do When Targeted by a Command Investigation – Frequently Asked Questions