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.
learn more about investigations
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.
