Commander's Preliminary Inquiry

If a commander receives information that a member of his/her command is suspected of committing an offense punishable under the Uniform Code of Military Justice (UCMJ), the commander should direct a preliminary inquiry into the charge(s).

If the alleged offense is minor, the commander could query the member's chain of command on the facts and circumstances of the offense. In complicated or serious cases (specifically including any allegations of sexual assault), the commander should contact the appropriate law enforcement agency.

In either situation, the commander should consult with the servicing Judge Advocate.

A commander who is a special or general court-martial convening authority should not personally conduct the investigation to avoid being an "accuser" under the UCMJ, and thus losing the ability to convene a court-martial against the alleged offender.