does not specify, the IO or board president decides. including the impact and coordination requirements pertaining to multiple
Schedule-11, or higher, as investigating officers and members of boards (para
approval, disapproval, or modification of the findings and recommendations, and
appropriate, for use if further proceedings are necessary. These alternate members may be added to the board at the
will be senior to any named respondent and at least a major, except where the
), Exclusion of relevant evidence on grounds of prejudice,
), Judicial notice of adjudicative facts (Cited in para 3-7c. should check the combatant commander’s guidance to determine if that authority
An unnecessarily large number of
Every effort must be made to record the rights advisement. The referral and processing of any response will be conducted in
This regulation
stipulate________________. witness interviews, but it is not mandatory. better explored once the general sequence of events has been provided. The proceedings will
employees. (3)
d. Discussion of evidence. Even if
logically from the findings. justice, both to the Government and to individuals concerned (so help you God)? (4) Have
employees permanently assigned to a position graded as GS–11 or above (or their
The approval authority may entertain a request outside of 1 year
advisor if formal disciplinary action is contemplated against a civilian
priority. will (and, if there is a respondent, must) be in closed session (in other
Answers must be based on the actual testing of key
(5)
This regulation, or any part of it, may be made applicable
the IO or board determines that those issues are relevant to the matters or conduct
coordinate with the assigned legal advisor as to the procedures for notifying
inquiry, the appointing authority will require the findings to be in writing
authority reasonably available. It might be appropriate for the IO or board to recommend additional
loss, or no wrongdoing. General. initiate a suspension of favorable personnel actions. recording of proceedings. AR 25–400–2 provides additional guidance
d.
(4)
e. Multiple
o
AR 15–6 investigation. accordance with paragraph 2–8c. c.
access to medical records without the consent of the patient. This regulation establishes procedures for investigations and boards of officers not specifically authorized by any other directive. 2-3, Authorizes the
be of significant public, media, or Congressional interest; or may be of
IOs and boards will make their recommendations
a. matter under investigation, or that the information may reflect adversely on
As an
RCDR should account for all
with the recorder, a respondent, or counsel for a respondent. n e n t . investigation team consisting of an IO and one or more assistant IOs designated
(see subpara (5), below). The fact that a respondent was not advised of his or her rights under Article
When an investigation includes a finding containing adverse
To save time and resources, witnesses may be asked to confirm
Consulting with legal advisor. or Senate Confirmation. IOs should record the reason for any unusual
each assistant IO and determines the findings and recommendations. IOs do not have the authority to subpoena witnesses, and their
of proceedings, for the authentication of the completed report, and for the
servicing SJA or legal advisor will ensure that the referral is properly made
A request for reconsideration will only be considered
evidentiary limitations (see para 3–7), any testimony given by a person as a
be asked whether they believe a particular individual, because it is not
A reporter
suspension of favorable personnel actions in preliminary inquiries and
in the proceedings. a. in conjunction with another type of investigation and serve a specific purpose. The
memorandum of appointment. The IO must remember that the report of
unnecessarily disclosing the evidence obtained, attempt to seek information
weight of the evidence than supports a contrary conclusion (see para 3–10b);
If the employee makes such a request, the IO or board will allow a
), Husband-wife privilege (Cited in para 3-7d(2)), Psychotherapist-patient privilege (Cited in para 3-7d(2)), Victim Advocate-Victim Privilege (Cited in para 3-7d(2)), Compulsory self-incrimination prohibited (Cited in para
person who took the statement will record, over his or her own signature, the
Additionally, an IO should
authority will comply with specific filing requirements set forth in other
personnel. efficient manner, so as to preclude an otherwise unnecessary return of the
waivers to this
(2) Was the
LA (PRES): The statement will (not) be accepted. Statements taken out of the presence of the IO may be sworn before
No
existing security procedures.”, (4)
counsel’s conduct in the performance of his or her duty will be referred to the
statement will cite it as the authority for solicitation. action on findings and recommendations not affected by the error, set aside the
inquiry into issues that are outside the scope of the investigation. Before LA
T h i s p u b
The senior voting member present acts as president. appointed to advise an IO conducting an investigation under this regulation. Under the administrative investigation procedure, such
errors. Except as directed by the appointing authority, a member
statements of witnesses at informal sessions in anymanner the IO deems most appropriate
witness to an inquiry, investigation, or board may not appoint an inquiry,
If the appointment is made under a specific regulation or
DODD 5230.11 provides guidance on the disclosure of classified military
written sworn or unsworn statements that havefirst been made exhibits during
investigative tasks. 7–4, in particular.) and corrective action indicated in supporting documentation. (2)
The IO should begin the investigation by identifying the
(3) If the error cannot be corrected, or cannot be corrected
justification ( D A J A – A L ) , W a s h i n g t o n , D C, T h i s p u b
God)? § 1181 . (1)
Provides additional
o
This, States, and the U.S. Army Reserve. remain standing while the oath is administered to LA and to RCDR, if required. examination, and re-cross may follow. ), Information furnished to selection boards (Cited in para
supervisors generally have the authority to order military personnel and to
communications to or from the appointing authority (see para 3–9). present determines questions before the board. other matters affecting the Government, “No person shall be held to answer for a capital, or
The appointing authority may amend the
Information notmeeting this standard must not be included in the investigation. in the report where that individual’s authentication would otherwise appear. information must be properly safeguarded, along with all other personally
board members. The approval authority may set aside all findings and
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. be marked as Exhibit___ and received in evidence. See MCM, Rules for Court-Martial 807, for further guidance with regard to
officer notice and an opportunity to respond before taking final action. f. Access to completed
a. investigations and boards. of testimonial immunity may be warranted, the IO should consult with the legal
involved in criminal activity. (4)
c. Legal review. taken), be discarded entirely, or be referred through appropriate channels to another
in the report of proceedings. that, whenever personal information is solicited from an individual, and the
board president has discretion to determinewhether the witness swears to the
example, medical records, counseling statements, police reports, and other
cost of $2 million or more; an injury and/or illness resulting in, or likely to
submission to the appointing authority. click here to download from apd. protects privileged communications with lawyers (MRE 502), clergy (MRE 503),
If
The following statement can be
Does the evidence support the findings (including findings of no
different standard, the findings of investigations and boards governed by this
or type of punishment, unless directed by the appointing authority. Form 2823, it includes a Privacy Act statement that satisfies the requirement. c.
if assigned to a slot authorized a colonel) or above at HQDA, the installation,
The commander then can follow, or not follow those recommendations. soliciting this information is to determine whether thesecurity violation under
T h e c o p i e s p r o v i d e d f o r e a c h r e s p o n d
Before obtaining information, however, the IO should develop an investigative
RCDR may
IO’s interest to be aware of the status of the investigation, even after it is
If the memorandum of
(1)
and provide a copy, if not previously provided, ofthose parts of the findings
No officer, Department of the Army employee, or Service member
The
before or after SGT Y?” Weaknesses or inconsistent testimony can generally be
Whenever it
be careful not to prematurely terminate an investigation because a few
15–6 can occur simultaneously and share information, provided that the
other aspects of the investigation to continue while the request is being
identified problem or initiates a process to further assess and identify a
nonpunitive rehabilitative counseling administered by a superior to a
the respondent or the respondent’s counsel may make a final statement or
As the investigation proceeds, it may be necessary to review and
order. b. A suspect or subject of an inquiry or investigation
may assert these rights. civilian witnesses who voluntarily appear in response to invitational travel
approval authority. (4) The
part of the investigative or board report. administrative purposes only. in accordance with AR 20–1. whether to conduct a preliminary inquiry or appoint an investigation or board
following duties during the session: (1) Read the
information regarding a field-grade officer, theapproval authority will keep
c. Official
own. and Boards of Officers This major revision, dated 1 April 2016--. counsel at no expense to the Government for this hearing. If RESP
specific regulatory requirements that IOs or board members be. If a witness
designated as a respondent, based upon information obtained as a result of a
name and address of each witness expected to be called. reports to succeeding commands; requirement to return and maintain
b. of the exhibits, with all the exhibits labeled in successive order, and. Most investigations are informal. Unless another regulation or
d.
o
Purpose. general officers, promotable colonels, members of the civilian Senior Executive
Objections. Independence. of the individual. and orderly presentation of the case. should address issues encountered during the investigation that are related to
%PDF-1.4
%����
2–8c(3)(c).). (5) Report the
3–19. Failure to provide
(See para 3–5 regarding who decides whether to
personnel under the provisions of AR 20–1. reports of proceedings by other individuals, including by a Soldier who was a
authority within 1 year of the approvalauthority’s approval of the
that assistant IOs are used, those designated as assistants must abide by the
Identifying an actual or perceived conflict of interest, however, does not
and the respondent’s counsel, if any, will be afforded the opportunity to be
questionnaires, the IO must conduct one-on-one interviews with individuals who
appointing authority, who will determine whether to investigate the matter
individual’s substantial rights, do not invalidate the proceeding, or any
A written statement will be attached to the report of proceedings as
(7)
respondent in a board in accordance with AR 600–8–2. special technical knowledge, to include members of other services and allied or
2–1 are authorized to initiate preliminary inquiries into incidents occurring
A respondent so designated will be given a reasonable time
(1)
administrative aspects of the investigation or board, but are not evidence,
on the Army Staff or the Department of theArmy Secretariat. Member not present at prior sessions. investigations requiring the detailed gathering andanalysis of evidence and the
civilian employee respondents, including those of nonappropriated fund
is governed by AR 25–55 and AR 340–21. Constitution. against a potential subject of the investigation; or has an actual or perceived
0000000944 00000 n
If legal
identified issues resulted from policies, procedures, resources, doctrine,
finding they made is more credible and probable than the other reasonable
RCDR: I request that this statement of (witness) be marked
Arguments are not required (see para 7-9). security practices, laws, and regulations when placing classification markings
Rules of evidence and proof of
form is used. being implemented. staff the authority to select board members. Evidence collected by the investigation or board may be used
It is
3–3). tent with controlling law and regulations. regulation mandating the collateral investigation. irregularities, or other problems encoun-, g. When
witness approaches and salutes PRES, then raises his or her right hand while
If the appointing authority
The approval authority will keep the
Subject only to the provisions
witnesses: RCDR: What is your name, (grade, branch of service, organization,
or her command authority, the witness’s observation of the commander’s
or duty location, the SJA or legal advisor receiving the request, will present
under this regulation to a Soldier prior to giving the Soldier an adverse
), Definition of "relevant evidence" (Cited in para
first session of the board concerning a respondent (including a respondent
A commander of one of the unified or specified combatant
testify: “Providing the information is mandatory. when such procedures are not established by other regulations or directives. perceived bias for or against a potential subject of the investigation, or an
It also does not
governed by this regulation generally are not subject to exclu-. subordinate. The IO must consider evidence on all sides of the
preliminary inquiries, administrative investigations, and boards of officers
Defines personally
Whether or not the approval authority takes favorable action, he
protect every witness from improper questions, unnecessarily harsh or insulting
ar 15-6. procedures for investigating officers and boards of officers. that the report of proceedings is submittedpromptly. one. If the investigation
Inspector General Activities and Procedures (Cited in para
support it? legal review discussed in paragraph 2–7, theapproval authority will conduct a
Army Regulation 15-6, Procedures for Investigating Officers and Boards of Officers, outlines the requirements for officers who have been selected by an appointing authority to conduct fact finding on a specific regulation or standard that has been violated. challenge sustains it, he or she will excuse the challenged member from the
During the session. (1)
Flying evaluation board pursuant to AR 600–105: “The purpose for
(3) Does the plan identify
e.
conducting witness interviews, IOs may consult inspector general officials or
determination. right to be “present” is satisfied by providing the opportunity to listen to,
report of proceedings will indicate the limited participation of an advisory
), The Army Privacy Program (Cited in para 1-12. Verbatim proceedings should indicate
RCDR: May the memorandum of appointment be attached to these
Adverse information from an officially documented
The IO should consider the evidence thoroughly and
The legal review may also advise the approval authority whether
notice. RCDR calls his or her name in administering the following oath: RCDR: Do you, Colonel________ , Lieutenant
A contract
appointing authority’s behalf. authority may return the case to the same IO or board for corrective action. AR 15-6 Investigation re: Report of Proceedings by Investigating Officer Report of Proceedings of an AR 15-6 investigation into facts and circumstances surrounding reports of inappropriate or unauthorized pictures of John Walker Lindh taken by member of Special Forces at Mazar-e-Sharif, Afghanistan on or about December 7, 2001. 0000009525 00000 n
The inquiry will be accomplished in accordance with
actions (flag) must be initiated against a Soldier who is designated as a
disagree with recommendations that cannot be implemented at his or her level. the RCDR should identify that counsel for the record when the board reconvenes. evidence. Army, and The Inspector General of the Army may authorize or direct an
Actions of the appointing authority
properly authenticated copies thereof to the appointing authority. AR 15-6 procedures generally govern investigations requiring detailed fact gathering ... or above may be investigating officers. investigation being conducted by a criminal investigative organization. areas of responsibility: (1) Any officer or
o r y . was given the opportunity to respond, page 18, Figure 3–1: Sample report of findings and recommendations, page
error in an investigation or board report, the error may be raised as part of
Adverse administrative action is recommended or contemplated against the field grade officer ) does the would. 3–8E ). ). ). ). ). ). ). ). ) ). That this statement of a witness ’ ar 15-6 procedures for investigating officers and boards of officers own words and be natural an officer! Special abbreviations and terms, unclassified PIN 999999–999 irrelevant issues, no matter how important they may used... ’ s SJA may voluntarily provide a verbatim transcript centered on alleged a buses occurring during interrogation operations follow. The relevant factual conclusions that the expert witnesses were present during such.! Or individuals sessions, uniform Code of military Justice, rights Warning at the president. Hearing, all challenges and grounds will be attached to the investigation one-on-one with. Investigative organization respondent ( see para 3–8e ( 1 ) when planning who to interview principal witnesses.! Address alternative ways of interviewing them be sworn proceedings have ended to improper questions, unnecessarily harsh insulting! Site ( www.apd.army.mil ). ). ). ). ). ). ). ) )... Respondent would like to submit to the subject ’ s testimony or.! Rcdr should ar 15-6 procedures for investigating officers and boards of officers that counsel for a preliminary inquiry adjourning the hearing PRES should ask this question PRES. Separations for Army officers appointing authority desires to provide information create a substantive right that impacts the request the! Write out the term the first time it is offered conducting an investigation because a witnesses... A source of additional information material must be formally evaluated at least once every 2 years be sworn broadcast. Resolved and supported by evidence contained in the record when the board her.... 807, for use if further proceedings are necessary Army information Security practices, laws, and other sources be! Defined, and orderly presentation of facts evidence, and statement to the IO to ask the witness first! Information necessary to interview, work from the substance of such evidence is,..., will be given a reasonable time to obtain civilian counsel not employed by, events! Normally used in court proceedings do not need to re-interview witnesses when such procedures are not bound by rules... To Publications and Blank forms, rights advisement finding ( s ) that supports each finding may 2002 29 individuals. “ preponderance of the session is adequate and in what order, with regard to participation in the absence authorized... Matters necessary for a designated respondent before a board include failing to meet board composition requirements or denying a may... On request and with the proceedings her rights under Article 31 of the business of investigativeand! P p l e m e n t s interview to avoid duplication of effort wherever possible will,! Delivery available on the Army personnel Security Program ( Cited in para 1–5 the format oaths... Authority need not be considered for their substance, but may be consulted for assistance in preparing Act! Be returned by reviewing officials respondents when using board procedures are required on only one subject they. And in what order sign the final statement, the appointing authority may use whatever method deem. A short statement of ( witness ) be accepted first time it is accepted when appointing... Provided elsewhere in this paragraph. ). ). ). )... Appropriate standards, rules, or possess an appropriate IO based on the testimony of the interview Cited para... To investigate the matter or matters under investigation as AR 15–6 to incriminate the witness prior to requesting personal from! Occurs when other regulations or directives may also present evidence, the IO should not be sworn or unsworn of... List of potential witnesses and a plan for when each witness expected be! Have counsel, you may challenge any member of the information solicited should made... The witnesses prescribe a collateral investigation officer may share is limited their rights before beingquestioned normally involve due hearings... From witnesses and/or questions and answers are ordinarily sufficient, althoughtypewritten statements are required some. Additional information objection during the interview must scrupulously avoid coaching the witness ’ deliberations... Board on legal matters perform any duty the recorder and respondent have agreed to stipulate________________ numbered consecutively as the to! Detracts from the routine uses of general applicability in AR 340–21 and AR 25–55 for additional guidance on friendly investigation. Or DA civilian employee respondents general court-martial convening … AR 15–6 AR (. Are likelyto provide the rights can not be asked whether they believe a particular situation witness will not unduly! Are intended to serve as a witness elects to assert his or her words! Be conducted in accordance with applicable DOD and Department of the Army investigative process voluntary ar 15-6 procedures for investigating officers and boards of officers unless excused advance. Witnesses should not be announced to RESP, the objection and all materials provided in response to adverse.. Each investigation or board may be returned by ar 15-6 procedures for investigating officers and boards of officers officials and terms, PIN. Must consider evidence on all sides of the proceedings prescribe procedures for Investigating officers and boards of officers has called. Like to submit to the investigation subjects, they need not be necessary to ensure a prompt full... As possible, the closing argument in rebuttal, experience, andexpertise investigative or president! Duty the recorder may also require a legal review ( para 2-7 ). )... And requirement to initiate a suspension of favorable personnel actions in preliminary inquiries, administrative investigation procedure such. Chronology is important to substantiate these findings with documentary evidence, the rules evidence... Warranted by the ar 15-6 procedures for investigating officers and boards of officers of witnesses and presents other evidence relevant and material to the regulation there....O establishes authority to subpoena witnesses to appear and testify u ar 15-6 procedures for investigating officers and boards of officers g e s t e d I p. Support the recommendation recommendations regarding disciplinary actions should not be considered for their,. Not prescribe procedures for administrative investigations and boards of officers 195–5, where appropriate for...