Understanding Military Investigations: Rights & Risks

Understanding Military Investigations: Your Rights and the Risks Involved

Military investigations, such as AR 15-6, command-directed, criminal, and security clearance investigations, can have serious repercussions for your military career and future. These investigations often stem from alleged misconduct or performance issues, and understanding the process is crucial for protecting your rights. Whether the investigation leads to administrative action or a potential court-martial, knowing the risks involved and the key rights you can assert can make a significant difference in the outcome.

Types of Military Investigations

1. AR 15-6 Investigations
   AR 15-6 investigations are administrative fact-finding inquiries initiated by commanders to gather information regarding misconduct, regulatory violations, or duty failures. Although these investigations are non-criminal, their outcomes can result in reprimands, separations, or other career-altering consequences.
2. Command-Directed Investigations
   Command-directed investigations are initiated at the discretion of a commanding officer to gather details on incidents that may affect the unit or military standards. These investigations can vary in scope and may address anything from minor infractions to more serious violations. The results of these investigations can lead to adverse actions or, in some cases, criminal charges.
3. Criminal Investigations
   Military law enforcement agencies, such as the Criminal Investigation Division (CID), Naval Criminal Investigative Service (NCIS), or Office of Special Investigations (OSI), conduct investigations into potential criminal behavior. These investigations may involve violations of the Uniform Code of Military Justice (UCMJ) and can lead to court-martial proceedings. Criminal investigations are more formal and serious, and the outcomes can include incarceration, fines, or dishonorable discharge.
4. Security Clearance Investigations
   Security clearance investigations focus on whether a service member can be trusted with classified information. Alleged misconduct, personal behavior issues, or financial problems can trigger these investigations, putting a service member’s clearance at risk. Losing a security clearance can result in reassignment, loss of job opportunities, or discharge from the military.

Risks of Being Investigated

1. Career Impact
   Being under investigation, even without formal charges, can damage a service member’s reputation and standing within their unit. It can delay promotions, limit job assignments, and jeopardize one’s long-term military career. The mere existence of an investigation can cast doubt on a service member’s reliability.
2. Potential Punishments
   Military investigations often result in administrative actions, such as a Letter of Reprimand (LOR) or General Officer Memorandum of Reprimand (GOMOR), both of which can be permanently placed in a service member’s record. If the investigation involves criminal behavior, more severe punishments such as court-martial, reduction in rank, loss of pay, or discharge may follow.

Key Rights to Assert

1. Article 31 Rights
   Article 31 of the UCMJ provides service members the right to remain silent and avoid self-incrimination during an investigation. Before any questioning, a service member must be informed of these rights. It’s essential to invoke this right immediately to prevent unintended self-incrimination.
2. Right to Legal Representation
   You have the right to consult with an attorney before answering any questions or providing statements. This legal representation is critical, as a lawyer can evaluate the circumstances of your case, help you understand the evidence, and advise you on the best course of action to protect your interests.
3. Access to Evidence
   If formal charges are brought, you have the right to access the evidence being used against you. This includes investigation reports, witness statements, and other relevant materials. Access to this evidence is crucial for building an effective defense.

How the Former Military JAG Attorneys at Patriots Law Group Can Help

Facing a military investigation can be overwhelming, but you don’t have to face it alone. The former military JAG attorneys at Patriots Law Group of Lyons & Hughes, P.C. are equipped with the knowledge and experience needed to help you navigate these investigations.

• Protecting Your Article 31 Rights: We ensure that your rights are respected from the outset of the investigation, preventing unnecessary self-incrimination.
• Advising You on Key Decisions: We offer strategic counsel on whether to remain silent or provide a statement, ensuring you make informed decisions.
• Challenging the Evidence: Our attorneys will thoroughly examine the evidence against you, identify weaknesses, and challenge any findings that lack substantial support.
• Negotiating with Commanders: We can negotiate with your command to reduce potential punishments, ensuring that any reprimands or adverse actions are fair and reasonable.

We’ve successfully represented military members facing AR 15-6 investigations, command-directed inquiries, criminal investigations, and security clearance challenges. Our attorneys have firsthand experience within the military justice system, and we know how to defend your career and future.

Call to Action: Protect Your Military Career – Contact Patriots Law Group Today

If you’re facing a military investigation, it’s critical to act quickly and seek legal representation. The experienced former military JAG attorneys at Patriots Law Group of Lyons & Hughes, P.C. are here to protect your rights and defend your career. Whether you’re in Maryland, Virginia, Washington, D.C., or stationed worldwide, we can provide the expert legal support you need.

If you need assistance defending against an investigation, our experienced team of former JAG attorneys can help. We understand military regulations and can provide the support you need to navigate this complex area of law. Contact us today to schedule a consultation by calling 301-952-9000 or using our online scheduling link (CLICK HERE).

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.