Can a military attorney challenge command-directed investigations?

When a commander needs facts, the tool is often an administrative investigation, in the Army an AR 15-6 inquiry. These investigations can shape careers, so a service member who becomes a subject needs to understand that they are not powerless. The path to challenging the process runs through knowing what kind of investigation it is and what rights attach to it.

Two formats, very different rights

An AR 15-6 investigation comes in two forms, and the difference matters enormously:

  • Informal. A single investigating officer gathers facts. There is usually no formally designated “respondent” with the full slate of hearing rights.
  • Formal (a board of officers). Used when a person is formally designated as a respondent. Here the respondent gains real procedural rights: notice, the right to be represented by counsel, and the right to be present, present evidence, call witnesses, and cross-examine witnesses against them.

The first question in any challenge is therefore which format applies, because the formal track carries the participation rights that make a meaningful defense possible.

It is administrative, not a court

A crucial point that shapes the whole challenge: an AR 15-6 investigation is administrative, not judicial. It does not follow the formal rules of evidence used in a court-martial, and its purpose is fact-finding to inform a command decision, not to adjudicate guilt. That changes how a subject engages with it, the leverage is in the facts, the record, and the procedural rights, not in courtroom evidentiary objections.

Where the challenge happens

Because the investigation feeds a command decision, much of the challenge is about the record and the outcome:

  • Exercising the rights that attach (especially in a formal board), being represented, presenting evidence, and confronting witnesses.
  • The approval authority’s review. The findings and recommendations go to an approval authority who can approve, disapprove, or modify them. That review is a key point of influence, because flawed findings can be contested before they harden into action.
  • Building the factual record so that the decision-maker sees the subject’s side, since the inquiry’s whole function is to establish facts.

A member named as a respondent in a formal investigation gains rights an informal inquiry does not carry, to notice, counsel, and the chance to call and cross-examine witnesses, which the attorney puts to use.

A military attorney helps a subject understand the format, exercise the available rights, and press the factual and procedural case before the approval authority. The bottom line is that challenging a command-directed investigation is not about courtroom theatrics; it is about identifying whether the inquiry is informal or formal, using the rights that come with it, and shaping the factual record before it reaches the official who can approve, modify, or reject the findings.

Frequently Asked Questions

What is the difference between an informal and formal AR 15-6 investigation?
An informal investigation typically uses a single investigating officer with no designated respondent, while a formal board designates a respondent who has rights to notice, counsel, presenting evidence, and cross-examining witnesses.

Does an AR 15-6 investigation follow court rules of evidence?
No. It is administrative, not judicial, and does not apply the formal rules of evidence used in a court-martial.

Can the findings of an investigation be changed?
Yes. The findings and recommendations go to an approval authority who can approve, disapprove, or modify them.

This article is general information about administrative investigations. It is not legal advice and does not create an attorney-client relationship. Procedures vary by service and regulation and can change. A service member who is the subject of an investigation should consult a military attorney promptly.

Sources

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