Commander Directed Investigations
Commanders have an inherent authority to investigate matters under their command.
A Commander Directed Investigation, or CDI, is a tool to gather information regarding systemic problems or to look into matters involving individual conduct or responsibility.
Some matters are not appropriate for a CDI:
Reprisal
Senior officer misconduct
Sexual assault
Domestic abuse
Other matters may be investigated after coordination:
Fraud, Waste and Abuse (coordinate with Inspector General)
Uniform Code of Military Justice (UCMJ) offenses (coordinate with Legal)
Discrimination (coordinate with Equal Opportunity)
A commander initiates a CDI by appointing an Investigating Officer (IO) and assigning a timeframe to complete the investigation. The IO should be equal or senior in grade to the most senior subject of the investigation and not in their chain of command.
The IO, with the assistance of an assigned legal advisor, gathers all necessary facts through witnesses, documents or other evidence to determine if the allegations are valid. All witness testimony should be under oath. If the IO believes that a military member may have committed a criminal offense, the IO should advise the witness of their rights under Article 31, UCMJ.
At the conclusion of the investigation, the IO writes a report and addresses each allegation as "substantiated" or "not substantiated" based on the evidence. An allegation will be substantiated if it is more likely than not that the allegation is true.
After consideration of the entire file, the initiating commander considers the IO's findings and recommendations, and takes appropriate corrective action.
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Suspension of favorable personnel actions is mandatory if an investigation that may result in disciplinary action or financial loss is initiated on a Soldier by military or civilian authorities, or if a Soldier is arrested.
Military services investigate accidents to determine the facts and causes in order to prevent future accidents, to assess liability, and to initiate corrective actions.
Naval commanders conduct investigations in accordance with the Manual of the Judge Advocate General (JAGMAN).
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.
Commanders have an inherent authority to investigate matters under their command.
A Commander Directed Investigation, or CDI, is a tool to gather information regarding systemic problems or to look into matters involving individual conduct or responsibility.
If a commander receives information that a member of his command is suspected of committing an offense punishable under the Uniform Code of Military Justice (UCMJ), he should direct a preliminary inquiry into the charge(s).
A commander may inspect and authorize probable cause searches and seizures of persons and property under his or her command.
A search authorization must be based upon probable cause. Probable cause exists when there is a reasonable belief that the items connected with criminal activity are located in the place or on the person to be searched.
Service members accused of crimes are afforded certain protections.
You must advise a service member of his rights under Article 31, UCMJ when you reasonably suspect he has committed a crime prior to questioning. You do not need to advise a witness not suspected of committing an offense of his rights -- even during official questioning.
