Military Law

What to Do When You’re the Subject of a Military Investigation

Unfortunately, it’s gotten to the point that it’s difficult to keep track of all the different types and reasons for military investigations, but here are just a few:  minor misconduct, Inspector General (IG) complaints, sexual harassment, reprisals, security infractions and classified data spillage, Equal Opportunity and Equal Employment Opportunity (EO/EEO) complaints, toxic command climate, safety and accidents, line of duty, property loss or damage, etc.

The problem, of course, is if you are the subject of the investigation, there are numerous repercussions possible, including a Section 15, removal from your position, derogatory comments on your Officer Evaluation Report (OER) or NCO Evaluation Report (NCOER), a General Officer Memorandum of Reprimand (GOMOR), financial liability, administrative separation, or even a court-martial.

Here are a few tips that I have gleaned from decades of advising clients and commanders:

  1. Once notified you are under investigation, immediately write down your recollection of the relevant facts. Do not share your notes with anyone, except your attorney.
  2. Despite what your boss or anyone else says, do not assume they have your best interests in mind or that they are only conducting an investigation “to document what happened and protect you.”
  3. Get a copy of the regulation(s) that govern the particular type of investigation you are facing and educate yourself on the regulatory guidance.
  4. Be extremely cautious when interacting with the person who made the allegation; if you outrank this person and take some sort of adverse action against him or her – even a negative counseling statement – you may end up facing TCMJ action for reprisal.
  5. Decide whether you want to make a statement. If you do make a statement, when you meet with the investigating officer, make sure to let her know who else she should speak with and what additional evidence she should look for.
  6. If you intend to hire an attorney, do not wait until the investigation is closed and you have been served with a GOMOR or other adverse action. A proactive attorney will take steps while the investigation is underway to protect your rights and ensure the best possible outcome.

Lieutenant Colonel (Ret) Scott Walters is a retired Army JAG and an attorney in the San Antonio office of O’Connell West, PLLC.  If you need a free legal consultation regarding a legal issue, call 512-547-7265.