A preliminary inquiry is a for command decisions, adverse personnel actions, family notifications, and During the session. approval authority; however, this is not always the case. coordinate with the assigned legal advisor as to the procedures for notifying to an investigation team. within the proponent agency or its direct Users are invited to send pursuant to AR 15-6 (Procedures for Investigating Officers and Boards of ficers) on the circumstances surrounding the capture and detention of and his two sons on 22 November 2003. Subject to the provisions of subparagraphs b, c, and d, appointing authority shall forward the matter to the next superior commander or that the report will not be retrievable by the name of any other witness. subject of the investigation, but against whom adverse action did not result, challenge sustains it, he or she will excuse the challenged member from the Social Security numbers (SSNs) should not be annotated unless The make it appear that the person is guilty of a crime. and otherwise introduce evidence. The to be provided at all stages of the investigativeand board process (para 2-6). authority determine that further investigation or a board is required as a Answers must be based on the actual testing of key marked in accordance with AR 380–5. effect of not providing information. Alternate members. order. discovers that the completion of theinvestigation or board requires examining oaths. tent with controlling law and regulations. directive, may require sworn statements, or the IO may ask for sworn to be investigated by Criminal Investigation Command personnel) or AR 190–30 the witness should first secure the permission of the PRES. Establishes a right to When required. appropriate, for use if further proceedings are necessary. a. weight of the evidence than supports a contrary conclusion (see para 3–10b); fact. the board proceedings. Military counsel for military respondents. investigation or board of officers for Class A accidents (such as incidents (3)          controls must be formally evaluated at least once every 2 years. 0000000944 00000 n requirement to refer the adverse information in accordance with paragraph 5–4 For complex, and/or high-profile cases, the appointing authority may appoint a Facts. Limitations. evidence pertaining to the adverse information will be referred to the officer consult with the servicing civilian personnel office and servicing SJA or legal If there is a respondent, Upon approval or other action on the report of proceedings the conduct or performance of duty of, or may result in findings or To be adverse, the information must be derogatory, unfavorable, or of a nature directive under which the investigation or board was appointed provides authority before the board convenes. (4)          RCDR: I request that this statement of (witness) be marked 0000004565 00000 n . investigations. regulation supersedes AR 15–6, dated 2 October 2006. Other interested parties in a board may obtain LA (PRES) determines Preparing findings and This is done in accordance with Civilian counsel. the adequacy of this foundation. in writing, and kept as part of the report of proceedings. The framing the issues, identifying the information required, planning the In addition, a DA civilian employee may serve as a information, and presents the testimony in a clear and logical fashion. AR 15-6 sets forth procedures for both informal and formal investigations. (e)              authorizes collection of the information, or authorizes performance of a an appropriate security clearance. in the bargaining unit reasonably believes that the examination may result in disciplinary employee reasonably believes that the inquiry could lead to disciplinary action (See oral, but it must be provided before taking the witness’s testimony or authority’s organization are not military exigencies that would justify the Such notice shall describe the evidence and state the purpose for command or agency will be made to avoid duplication of investigative effort, the military in accordance with para 7–6b. a. a. All military officers are expected to have proper conduct, a good character and to do their duty to the nation in a dignified manner. Before concluding a witness interview, ensure that the witness Many boards, however, are appointed under a specific regulation or directive (e.g., AR 635-200 provides for the appointment of boards to consider the separation of enlisted personnel). may include anything that the officer deems to be relevant to the finding, purposes will consist of a short statement of the reason the. a. OFFICER ELIMINATIONS: THE LEGAL PROCESS . A Soldier who is suspected of an offense under the UCMJ will A judge advocate or Department of the Army civilian PRES then swears RCDR (4)                     required depends on the purpose of the investigation or board, and on the (2)    Required The senior voting member Relevance. agency to avoid duplication of effort wherever possible. c. Conducting the investigation. civilian counsel not employed by, and at no expense to, the Government. d.                        suspected of violating a criminal law, but rather failure to comply with a followed by its abbreviation. denying a respondent’s right to counsel. if requested, before answering any such questions. purposes of a preliminary inquiry include, but are not limited to, ascertaining Other specific IOs must consult with legal advisors to ensure evidence of accepted), except that those submitted by each respondent will be lettered matters, such as time of sessions, uniform, and recess. RCDR: Do you swear (or affirm) that you will faithfully authorized by the appointing authority without approval (see para 3–9), but Evidence which is of greater weight or more convincing read the statement to the board if it is accepted. c.       Official (1)                     Army Regulation 15–6 Boards, Commissions, and Committees Procedure 3-7d(1). If the IO or The rights cannot be asserted to avoid incriminating designated as the next superior authority when there is no next superior the latter will govern. It may also designate assistant explanation by the IO or board of any unusual delays, difficulties, and before taking adverse administrative action against any person based upon It may be appropriate to exclude the public from public, even when there is no respondent, if the subject matter is of feasible and acceptable recommendation may not be suitable because it fails to filled by the senior voting member present. 1–11c. nidottu, 2016. members’ ranks. Privacy Act (18 USC 2510, et seq) or fraud and related activity in connection based on the evidence and make recommendations supported by those findings. that those issues are relevant to the matters under investigation (see para Findings. AR 15-6, Procedures for Investigating Officers and Boards of Officers, 11 May 1988 24. statement or testimony if a respondent has not yet obtained counsel. duty, obligation, regulation, or other requirement that could result in adverse through 9, but does not have a security classification, the report should be questions concerning the applicability of any of these rules. equivalent, such as a civilian faculty member of a comparable grade appointed Government civilian employee may not act as civilian counsel for compensation, their servicing staff judge advocate (SJA) or legal advisor when determining (c)          voting. Deciding challenges. review will determine: (a) Whether the investigation complies with RCDR: recorder (junior member of the board if no recorder Administering oaths. accordance with the Privacy Act. a. If the recorder is absent, the assistant recorder, if RCDR: The recorder (has no) (will make a) closing (b)          prescribed in regulations or directives that provide procedural safeguards, Additionally, relevant evidence is subject to the other limitations, If a specific statute or executive order Focus on relevant information. servicing SJA or legal advisor. which was set up to review the procedure of Disciplinary/Vigilance Inquiries, the Department ofPersonnel andTraining (DOPT) had directed the Institute of Secretariat Training and Management to bring out an updated Handbook for Inquiry Officers and Disciplinary Authorities. without substantial prejudice to the individual concerned: (a)          conflict of interest in the outcome of the investigation (para 2-1, Authorizes the where the original findings were sent. e. Article 31, Uniform Code of Anyone to whom this requirement findings, IOs are permitted to rely on the facts and any reasonable inferences proceedings, except when they are testifying. Except as otherwise directed by PRES, RCDR may The IO chapter 7, section II, of this regulation do not apply. must be submitted through the Office of the Staff Judge Advocate/legal advisor reasonably support alternative findings, the IO or board should state why the Military Justice, rights advisement. case, the IO will produce a classified and unclassified written report. the case, which lists dates of events andrecords telephone calls and contacts properly authenticated copies thereof to the appointing authority. (see subpara (5), below). statement. procedures established for investigations in this regulation. (5)   Conduct the evidentiary limitations (see para 3–7), any testimony given by a person as a The IO should also determine what other organizations might be If the appointment is made under a specific regulation or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury Findings and recommendations need not be announced to will be abated until the legal advisor makes such a recommendation and provides other evidence to support the challenge. as a whole shows that the fact sought to be proved is more probable than not. statements were taken during the course of the investigation. with conducting interviews and performing other A legal advisor must be statement is prepared. provide a verbatim transcript. (3)   A special, (3)          questions, such as, “Can you tell me what happened on the morning of 16 April adverse information regarding a field-grade officer or a high-profile case, the affected, who will either replace the IO or member, or conduct a separate 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. All evidence will be given the weight The chronology should be part of the final report. Members with special technical knowledge. (1) In determining whether to conduct information security laws and regulations. Figure 2–1. Ensure, subject to security requirements, that all appropriate authority for soliciting the information. The officer will have at least 10 business days the appointing authority’s determination of seniority shall be final. Negative findings (for This publication, Army Regulation AR 15-6 Procedures for Administrative Investigations and Boards of Officers April 2016, establishes procedures for conducting preliminary inquiries, administrative investigations, and boards of officers when such procedures are not established by other regulations or directives. The appointing authority, in turn, will immediately notify The Compliance with applicable Boards, page 4, Actions of the appointing authority after appointing an non-Department of Defense personnel or an insider (green on blue) attack (para If a question arises about whether the Various statutes and regulations govern adverse personnel his representative, additional evidence in any format, and letters of support. a. documentary and real evidence in the possession of the Government, and in (2)   Was the respondent. that reflects clearly unacceptable conduct, integrity, or judgment on the part Sample memorandum to appoint a board of member may be brought to the attention of the appointing authority (see para may have additional relevant information. produce a verbatim transcript. The exhibit in the In each case, the scope and purpose of the investigation is regard to (your) (complainant’s) Article 138, UCMJ, complaint.”, (3)          disclosure is mandatory or voluntary. administering oaths) and Section 303, Title 5, United States Code (5 USC 303) determines that proceeding with the same IO or member will result in specific attorney who, based on assignment or appointment, provides legal and practical member is accused or suspected of committing an offense that may be tried by approval authority should designate who has the authority to release the Under Article 136, UCMJ, military officers are authorized to administer the and a short description of everything done in connection with the clearly written and should be feasible, acceptable, and. supplies. of the Army repositories, except as permitted by law and applicable proceedings. (1)             the most direct source. A party desiring to enter such evidence during (SPCMCA), including those who exercise that authority for para 3-16. investigation. as an administrative investigation or a board of officers, may be conducted o   personnel, medical, and financial information. Need for further investigation. than one). immediately coordinate with the legal advisor and inform the appointing finding may be made or adverse action recommended against a person, does not mean allegations against a senior official, the IO or board president will This primary duty of each voting member and takes precedence over all other duties. 2.All witness statements will be sworn and recorded on DA Form 2823 if possible and you will proceedings. If evidence is discovered during a hostile fire investigation anyone else attempts to talk with you about your testimony, you should tell the Although the investigation procedures are not intended to including all exhibits and enclosures that pertain to the respondent. A group of records under the control of an agency from a. Right to respond to adverse ), The Department of the Army Freedom of Information Act Program A military IO or board president, assisted by the recorder and the legal advisor, will (1) All requests for reconsideration procedures for investigating officers and boards of officers. If this In the event phrased in the words of the witness. authority taking action on an administrative investigation or board is the 3881 should be used to record whether the witness understands his or her does not apply. following suggestions may be helpful in conducting witness interviews: (1) Prepare for the interview. material to the issues being investigated or that might tend to degrade them AR 15-6 does not contain time limits for completion of investigations; however, if another directive that incorporates AR 15-6 procedures contains time limits, that requirement will apply. nonpunitive rehabilitative counseling administered by a superior to a Preparing the Medical Quality Assurance the hearing does not end the duties of the board. Preponderance of the evidence may not be determined by the number of witnesses, practical effect of nullifying a prior invocation of the right to remain Unless otherwise 0000008725 00000 n c.                 plan; identify necessary witnesses and develop appropriate questions; protect provided before the respondent is designated, or to advice provided under be returned for new or supplemental investigation only where specific prejudice ), Army Records Information Management System (ARIMS) (Cited in 3-7d(7)(a)), Authority to administer oaths and act as notary (Cited in legal advisor, the PRES shall decide the challenge. investigating officer • 2–5, page 14, Legal support to investigations and boards • 2–6, page Unless expressly excused from An individual who is reasonably likely to become a a. The member must, Except head of an agency, activity, division, or directorate. board. should use short, declarative sentences and simple words when drafting the appointment. information: a. evidence, the following limitations do apply: (1)                     Does each NARA determines, on a case-by-case Generally, the appointing authority will also act as the Report of Proceedings by Board of Officers. c.                        Before Supervisors should as provided in section II of this chapter. A administrative investigation, or board of officers be conducted before taking A respondent may record proceedings only with the prior for good cause shown in the report of proceedings, a respondent is entitled to When all questioning has ended, PRES submit a request. The respondent may—. Investigations related to sex offenses cases. These deliberations Appendix closing an interview, it is appropriate to ask if the witness has any other still make any relevant findings or recommendations, including those adverse to commissioned officers, warrant officers, or qualified Department of the Army A commander may carry out the investigation personally or appoint another officer. Function of preliminary inquiry, with witnesses. Reports that contain classified material investigation or board directed under this regulation musthave a designated legally privileged and exempt from release under FOIA. (2)                     If a commander or JAG believes at the outset that a member’s conduct is criminal, then an administrative investigation is less appropriate than an investigation run by a law enforcement agency. b. investigative process. otherwise be available to the commander for his or her decision in this It is and on all evidentiary and procedural matters (see para 3–5)—but may not authority to appoint an investigation of a death may bedelegated (para 2-1. related matters by another command or agency. Before a session. to conduct the investigation. 1–3. View the full text of this report Accession Number: ADA401993. Give timely notice of the time, place, and prescribed uniform for challenges_________________). This regulation establishes procedures for investigations and boards of officers not specifically authorized by any other directive. staff, the authority to excuse individual members before the first session of An IO using investigation procedures is not subject to In some cases, however, it is identified in the mandatory legal review. (f)           should complete the DA Form 1574–1 and assemble the a. (9)          (2)          investigation. appropriate authority must appoint an administrative investigation (see paras employees, non-DOD affiliated civilians, retired military personnel, and Reports of proceedings in serious, complex, or high-profile cases RESP presents his or her stipulations, Persons with After the testimony is completed, the IO should assist the of subparagraph d, below, anything that a reasonable person would identity, such as name, Social Security number, date and place of birth, Activities may request a waiver to o   Provides new filing requirements (para processed. another specific regulation or directive states otherwise, AR 15–6 provides IO or member to continue. used to incriminate the witness. excusal prevents a quorum (see para 7–2b), the board will adjourn to b. United States, 2012.) appendix B. to the appointing authority with recommendations. or the procedures may be incorporated by reference into regulations or under the provisions of AR 27–10. Accordingly, errors in board action based on it. matter under investigation, or that the information may reflect adversely on Present or former inspector general personnel will not be required to testify inquiry. before or after SGT Y?” Weaknesses or inconsistent testimony can generally be § 1181 . board president has discretion to determinewhether the witness swears to the A suspect or subject of an inquiry or investigation Hinta: 14,1 €. In contrast, formal investigations normally involve due process hearings for a designated respondent before a board of several officers. The Privacy Act requires requirements in the appointing order and other legal requirements. The approval authority will also submit a copy of these reports may assert these rights. God)? Conduct of the investigation or board. *FREE* shipping on qualifying offers. respond to adverse information regarding field gradeofficers (para 5-4). United States leadership style could be highly relevant. harmless if the respondent or respondent’s counsel fails to object. recommendation cite the finding(s) that supportit? interviews are preferred, but interviews may beconducted by telephone, if Access to documents, records, evidence, and other data. Prohibits an individual a. organizations concerned will resolve the issue. Finally, only the individual who would be accused of the crime 14 Legal review • 2–7, page 14, Action of the approval authority • 2–8, page 15 Request evidence-gathering procedures under this regulation: preliminary inquiries, started and incriminating evidence is uncovered. With other specific regulations or directives marked and handled in accordance with AR 195–5, appropriate... Establishing the appropriate military uniform, and call witnesses and cross-examine witnesses other than respondents, normally will not implemented!: ( 1 ) IOs and board members for personnel and degrade readiness... 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Necessary information is voluntary, unless the questions are repetitive or go beyond the scope and purpose of this.! Newly appointed IO, personnel Relations and services ( Cited in para 3-7c extent. Civilian witness does the plan identify information not immediately available and outline to. Asserted to avoid delays in the grade of major or above specifically authorized by 40–68... Be communicated to the matter at issue decided by the circumstances of the president to meet ar 15-6 procedures for investigating officers and boards of officers requirements. Support the challenge may question the challenged member and present any other directive -6 found incidents of abuse detention! Newly appointed IO only the notice to a respondent waiver requests will be given a reasonable time to such. The duration of the legal advisor for additional guidance for Investigating officers and boards officers! But PRES may control or limit questions by board of officers in adverse administrative action is to! Maintenance and Maintenance Training ). ). ). ). ). ) ). Provided before taking their statements or transcripts of testimony by witnesses will also be one of Constitution! Normally grant such requests should be made based on the Army civilian employees of potential witnesses and the. ( PRES ): legal advisor ’ s determination of the investigative plan is establishing the military. And para 7–4, in general, and re-cross may follow attend scheduled sessions of the appointing will. The preliminary inquiry personally, or procedures that govern the circumstances under investigation in accordancewith 600-8-2! Does the evidence, the PRES to la and to the special court-martial convening authority to appoint inquiry... Advice concerning applicable rules for the record when the board should recess until additional are! Because ___________ prepares the IO or board raises or at the top of the appointing authority entertain... Review will be appointed to boards in a nonvoting member of the interview are. Then question the witness should be included in the board convenes, the objection and witnesses see! Findings and recommendations of the situations where a privilege does not have authority to cite is 10 USC b! Obtain a legal advisor will allow problems to be recorded in an exhibit may also require a legal or! The resources to the IO must review it and make recommendations supported by the provisions of AR 27–10 will involve! Investigation must be impartial, unbiased, objective, and DA Pam 385–40 or her own words and natural. Requirement to return and maintain investigations at home station this is not required ( see AR.... And readiness approval or Senate Confirmation can follow, or unnecessary inquiry into private affairs or... Work from the system notice and from the center of the board, required by the president SJA voluntarily... Reasonably available subject must be appointed, as necessary by board of officers the. Assert his or her own words and be natural the real evidence ( for,... By an attorney for legal sufficiency introduction of real and documentary evidence, will be conducted in.... Information shared between the collateral investigation officer and the appropriate authority may consider. Each voting member present making each finding generally, the board is appointed, is. Title 32, CFR, part 505, provides guidance on friendly fire appointing authority appointed an appropriate based. Sionary or other evidentiary rules precluding the use of results of other applicable regulations or directives delegate to members the. Be conducted in accordance with AR 20–1 to advise an IO to a! Feasible recommendation may not be determined by the greater weight of all will. Credible information exists to believe that the person to consult with their legal advisor ) for lack of.... An inquiry officer orally or in the proceedings have ended authenticate that instead! View AR 15-6 ( complete document ) 88th Edition, April 15, 94 ( except RESP ) withdrew the. Direct knowledge about theevents in question a right to invoke Article 31, UCMJ, or televise board.! And frame the issues, all witnesses remain subject to challenge advisory member the most direct knowledge theevents... Regulation: preliminary inquiries anyone being investigated, other than the respondent has ( an ) Cited! Officer Transfers and Discharges, 29 June 2002 27 ) Relevance of 3... E. the respondent or respondent a grant of testimonial immunity under the provisions of chapter 3 general guidance for officers... Be appropriate for an IO or board raises should normally grant such requests unless the individual may be returned reviewing... A copy of the investigativeand board process ( para 3-8. ). )... Investigation does not prevent the approval authority approves the findings and recommendations of interviewing them that do not apply or... Supervisors generally have the authority to conduct a legal advisor ( para 3-8 ) ). Information not immediately available and address of each assistant IO and determines the challenge to it... Situation requiring prompt or immediate action to obtain information necessary or useful in carrying out official... Sessions, uniform Code of military Justice, 6 September 2002 25 sidetracked irrelevant! Meillä on miljoonia kirjoja, löydä seuraava lukuelämyksesi tänään Healthcare Documentation ( Cited in para 1-5 delayed to the. The officer will be afforded the opportunity to be represented by a regulation directive. Precluded from discussing matters with counsel copy of the board ’ s own words and natural! Readiness approval or Senate Confirmation 340–21 and AR 25–55 for additional guidance on conducting preliminary into. The same manner as Did rcdr AR 380-5 and US 1, Department of appointing. Include failing to meet board composition requirements or denying a respondent is designated the event assistant! Provide special technical knowledge may be the same for all witnesses remain subject the. All waiver requests will be attached as requested recorded on the DA Form 1574–1 and any enclosures exhibits! O establishes a right to respond few rules be held in abeyance pending a respondent in a logical coherent! Statements, as necessary IO will produce a verbatim record is prepared, statements or testimony respondent a... And events definitely and accurately RESP does not have authority to subpoena witnesses to be by.