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Posted at November 7, 2020

Suspension of favorable personnel actions is mandatory if an investigation that may lead to disciplinary action is initiated on a Soldier by military or civilian authorities, or if a Soldier is arrested for any reason. The number refers to an Army regulation. Civil Authority. with the investigation results or actions taken. What are the Commander’s Options? However, IOs are inexperienced and often forget to do this. Furthermore, E7s or above can be appointed. IOs can also request to view and copy evidence from individuals. He reported that “U.S. The number refers to an Army regulation. 4. Command Investigations [AR 15-6, C.D.I.] That regulation is Army Regulation 15-6, available at this link. Once complete, the IO should write a detailed report that answers the questions that they were appointed to answer. Command Investigations [AR 15-6, C.D.I.] AR 15–6 Procedures for Administrative Investigations and Boards of Officers This major revision, dated 1 April 2016--o Provides guidance on flagging of Soldiers under investigation in accordance with AR 600-8-2 (paras 1-10 and 1-11). Their findings became moot because of a curious action by Raymond T. Horoho, whom Donald Trump had named acting assistant secretary of the Army for Manpower and Personnel, the Army’s top civilian for personnel. This type of investigation is commonly referred to as a "15-6" by Soldiers. Civil Authority. Most investigations are informal. After the IO has received their legal briefing, he/she will start the investigation. AR 15-6 Investigation. On the other hand, the McClatchy reporter, Jonathan S. Landay, was there as well, and under fire. AR 15-6 does not contain time limits for completion of investigations; however, if another directive that incorporates AR 15-6 procedures contains time limits, that requirement will apply. AR 15–6 Procedures for Administrative Investigations and Boards of Officers This major revision, dated 1 April 2016--o Provides guidance on flagging of Soldiers under investigation in accordance with AR 600-8-2 (paras 1-10 and 1-11). For example, AR 15-6 does not contain time limits for completion of investigations; however, if another directive that incorporates AR 15-6 procedures contains time limits, that requirement will apply. I am under a 15-6 investigation. The IO will gather evidence until he/she has enough information to make findings to the Appointing Authority. Chain of Command. Executive Summary Investigation of Intelligence Activities At Abu Ghraib pages 1-5. All evidence is attached to the findings memo as an enclosure. None of those. This evidence could include text messages, videos, previously written statements, pictures, etc. 2. There are situations when a civilian or a non-Commander can appoint one as well. The name comes from the regulation that governs how to conduct a 15-6 Investigation. AR 15-6 Investigation of the Abu Ghraib Prison and 205th Military Intelligence Brigade Also I spoke with a Retired Lawyer who is a Civilian Lawyer now working on cases such as 15-6. 3. Respondents are represented by defense counsel at a hearing. A 15-6 Investigation can be appointed to look into any situation; however, there are certain types of investigations that must be conducted by CID (i.e. d. Only commissioned officers, warrant officers, or DA civilian employees paid under the General Schedule, “It was ascertained that the AR 15-6 investigation… was never approved by the appointing authority,” the lawyers wrote. Inspector General. Generally the Investigating Officer is given a time frame by the commander ordering the 15-6, but that is subject to extension. This is advisable because the legal advisor will help the IO determine a plan for the investigation and advise him/her on how to collect evidence. AR 15-6 procedures generally govern investigations requiring detailed fact gathering and analysis and recommendations based on those facts. Once an Officer/NCO/Soldier has a negative finding against them as part of a 15-6, they should expect some form of adverse action to be taken. Conclusion. The Law Office's principal address is 4235 Hillsboro Pike, STE 300, Nashville, TN 37215. IOs should obtain a legal review of the investigation findings report to ensure the investigation meets legal sufficiency before submitting the report and findings to the appointing authority. Executive Summary Investigation of Intelligence Activities At Abu Ghraib pages 1-5. Revealing secrets? The greater weight of credible evidence must favor the findings. This could include anything from no action taken against anyone to a Court-Martial. Statements are taken at informal interviews. The A&I Guide, Part Two, Section 1-2 (II-1-4), and 2-6 (II-2-12) 9. stateside, received email notification and counseling statement, - Answered by a verified Military Lawyer. Is this a civilian or military investigation? After the legal advisor approves, the IO signs his/her findings memorandum and presents the complete packet to the Appointing Authority. Randon had arranged for a 15-6 investigation that both Army and Army civilians dread, as we shall soon see. Having sex in a Pentagon office? Any opinion expressed is solely that person's opinion and not an endorsement of any Government organization. At this point, I recommend retaining counsel before the investigation is over. The initiating authority usually asks their legal officer to draft an appointment memorandum that explains what the investigation will be focused on (appointment memo examples can be found in AR 15-6). IOs are usually inexperienced, often never having conducted an investigation before. The information on this website is for general information purposes only. Most AR 15-6 investigations are informal in nature. Normally, only one Investigating Officer is appointed. The regulatory guidance for conducting an investigation can be located in AR 15-6. UCMJ Article 32 hearing. AR 15-6 Investigation. Contact him today for a free Consultation. Matthew Barry is responsible for the information on this website. SUBJECT: Executive Summary of Army Regulation 15-6 Investigation of the Alleged Civilian Mass Casualty Incident in the al Jadidah District, City of Mosul, Ninewah Governate, on or about 17 March 2017 1. The name comes from the regulation that governs how to conduct a 15-6 Investigation. IOs are required to read individuals their rights if they suspect him/her of misconduct. Do Nothing (must respond to complainant in writing) U.S. Army Inspector General School 60. Commanders have the inherent authority to investigate any matter under their responsibility, unless otherwise limited or prohibited, for the purpose of furthering good order and discipline. ARTICLE 15-6 INVESTIGATION OF THE 800th MILITARY POLICE BRIGADE [] BACKGROUND []. Are federal civilians subject to 15-6 investigation? For this to happen, it must be determined that no other qualified IOs are reasonably available. These are just the basics to steer an IO in the right direction. A guide to interviewing for Army Regulation 15-6 Investigating Officers. Nothing on this site should be taken as legal advice for any individual case or situation. What was the justification for that investigation: Theft? The standard of proof is preponderance of the evidence. Furthermore, IOs will collect hard evidence, if available. This memo discusses an official's appointment to Investigating Officer for the purpose of conducting a formal investigation, pursuant to Army Regulation 15-6, into the circumstances surrounding the release of a civilian detainee from the Warhorse detention facility. Therefore, it is incumbent upon the individual being questioned to look out for their best interest and to talk to a lawyer before agreeing to be interviewed by an IO. Results cannot be guaranteed and each case's result depends on its specific facts and circumstances. 4. COMMAND. This memo discusses an official's appointment to Investigating Officer for the purpose of conducting a formal investigation, pursuant to Army Regulation 15-6, into the circumstances surrounding the release of a civilian detainee from the Warhorse detention facility. Using slurs? An AR 15-6 investigation is used to ascertain facts and report them to the appropriate appointing authority. Can you provide the employee with a copy of your appointment letter/orders and inform them of the nature of your investigation (for military IAW AR 15-6 Section 3-8(a)(1))? If I am under a 15-6 investigation is a civilian lawyer. Either method is permissible. What are the Commander’s Options? Initiating a 15-6 investigation is easy. Anyone who finds themselves being interviewed during the course of a 15-6 should proceed with caution. The 15-6 can take as long as necessary to complete. d. Only commissioned officers, warrant officers, or DA civilian employees paid under the General Schedule, Level 13 (GS 13), or above may be IOs. The IO then should have his/her legal advisor review his findings. COMMAND. These investigations are initiated by a commander and are governed by Army Regulation 15-6 (Army), the Manual of the Judge Advocate General (Navy and Marine Corps), Air Force Instruction 90-301 (Air Force) and the Administrative Investigations Manual (Coast Guard).. CDIs can be formal or informal and are used for any matter not covered by more specific investigations. An AR 15-6 investigation is used to ascertain facts and report them to the appropriate appointing authority. It’s called an investigation because it’s a fact-gathering process. No one told Whitlock he was the subject of so-called 15-6 investigations, named for an Army regulation number. o Authorizes a civilian supervisor permanently assigned to a position graded as The number refers to an Army regulation. No one told Whitlock he was the subject of so-called 15-6 investigations, named for an Army regulation number. We use cookies to give you the best possible experience on our website. Gen. Matthew Isler, who helps oversee air support operations in Iraq. The Appointing Authority ensures that a legal review is conducted by his/her legal officer. This decision is completely within the Command's discretion, with a couple of exceptions. However, unless the IO has a search and seizure authorization signed by a Commander (which is rare), individuals do not have to provide the IO with the evidence, if it is potentially incriminating. He/She should include a reasoning for their findings and cite to the specific evidence that supports them. Is the employee's participation voluntary or involuntary? INVESTIGATION INTO CIVILIAN CASUALTIES RESULTING FROM AN ENGAGEMENT ON 12 JULY 2007 IN THE NEW BAGHDAD DISTRICT OF BAGHDAD,IRAQ Report of Investigation UP AR 15-6 MAJ , Investigating Officer 2ND BRIGADE COMBAT TEAM 2ND INFANTRY DIVISION (MND-B) 2-2 ID_Civ Death in Cbt Ops (Reuters Employees) 12JUL07 IO MAJ Justification for Firing. Justification for firing At this point, the investigation is complete and the Command now decides what action, if any, they are going to take. Inspector General. There is no formal hearing. Believe it or not, statements given without a rights advisement can still be used against a Soldier for a variety of administrative actions (GOMORs, Administrative Separations, etc). Under whose authority is this investigation being conducted? Before anyone shows an IO any evidence (i.e. That regulation is Army Regulation 15-6, available at this link. An informal investigation usually only requires one Investigating Officer, while a formal investigation may involve several parties and/or defense counsel at a hearing. Generally speaking, Commanders initiate a 15-6 Investigation. Army officers and civilians dread the 15-6 as a career killer. 30 days after the initial decision of the complaint, an assessment is conducted by the sharp specialist on all Once the IO is appointed, he/she will review their appointment memo and should meet with their legal advisor. Chain of Command. 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