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. 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