CID/MPI Investigations

If you are being investigated by CID, MPI, or the MP's, it is important you have an attorney preserve your rights and guide you through the investigative process before making any statement or giving consent for a search!

The Military Police Corps is the uniformed law enforcement branch of the United States Army. Investigations are conducted by Military Police Investigators or the United States Army Criminal Investigation Command (USACIDC), both of which report to the Provost Marshal General. CID does not charge subjects of investigations with crimes. CID investigates allegations of wrongdoing and once an investigation is completed, turns the findings over to the appropriate command and legal authority for disposition and adjudication. Once a person is charged with a crime, that information may become public record through an Article 32 Hearing, Courts Martial etc.

CID Special Agents primarily investigate felony-level crime across the Army and provide investigative support to field commanders. They conduct a wide variety of investigations to include deaths, sexual assault, armed robbery, procurement fraud, computer crimes, counter-drug operations and war crimes. CID agents also provide counter-terrorism support, criminal intelligence support, force protection, forensic laboratory investigative support, and protective services for key Department of Defense and senior Army leadership.

AR 15-6 Investigations

If you are being investigated by a AR 15-6 Investigating Officer, it is important you have an attorney preserve your rights and guide you through the investigative process before making any statement or giving consent for a search!

AR 15-6 procedures generally govern investigations requiring detailed fact gathering and analysis and recommendations based on those facts. An "investigation" is simply the process of collecting information for the command, so that the command can make an informed decision. AR 15-6 sets forth procedures for both informal and formal investigations.

Informal investigations usually have a single investigating officer who conducts interviews and collects evidence. In contrast, formal investigations normally involve due process hearings for a designated respondent before a board of several officers. Formal procedures are required whenever a respondent is designated.

Commander’s Inquiries

If you are being investigated by an Investigating Officer conducting a Commander's Inquiry, it is important you have an attorney preserve your rights and guide you through the investigative process before making any statement or giving consent for a search!

If a commander receives information that a member of his or her command is accused or suspected of committing an offense or offenses triable by court-martial, the immediate commander is required to make or cause to be made a preliminary inquiry into the charges or suspected offenses. This preliminary inquiry is usually informal.

In the case of simple, minor offenses the inquiry may simply be a matter of the commander obtaining information from the suspected offender’s chain of command. In complex or serious cases the commander should seek the assistance of law enforcement investigators when conducting the preliminary inquiry.

The CFML is fully versed with all types of Military Law and can help you with your defense. Contact us today.

The Center for Military Law is prepared to represent U.S. Military men and women in a variety of military law actions worldwide. We are skilled in handling criminal, administrative, and tort actions. If you think you may need an attorney for any of these types of actions and wish to speak with an attorney for a FREE CONSULTATION, call (844) FOR-CFML (367-2365) or email us using the contact form under the contact us tab.

Criminal Law. The Center for Military Law can provide an attorney to represent U.S. Military men and women at Courts-Martial, Article 32 Investigations, Non-Judicial Punishment/Article 15’s, CID/MPI Investigations, AR 15-6 Investigations, and Commander’s Inquiries. Military Defense

Administrative Law. The Center for Military Law can provide an attorney to represent U.S. Military men and women at Enlisted Separations and Boards, Officer Elimination and Show Cause Boards, Boards of Inquiry, Flying Evaluation Boards, Reduction Boards, Financial Liability Investigations (FLIPL’s), Credentials Hearing Boards, Adverse Privileging/Practice Actions, General Officer Memorandum of Reprimands (GOMOR), and other miscellaneous adverse administrative actions. Administrative Law

Tort Law. The Center for Military Law can provide an attorney to represent civilians and U.S. Military men/women in tort claims against the Federal Government under the Federal Torts Claims Act. These claims usually happen when a civilian or an off duty service-member is injured in an accident involving a military vehicle or equipment. Claims may also arise when the same individuals are using on-post facilities and they slip/fall, or are injured while using MWR equipment. There are many ways a claim may arise and the majority come when the Federal Government either did or failed to do something resulting in someone or something being injured or damaged. Medical Malpractice Claims may arise during medical treatment provided at a military hospital. The Center for Military Law is prepared to represent providers/physicians throughout the administrative actions associated with Medical Malpractice Claims. These actions typically include reporting to the National Data Bank, Credentials Hearing Boards, and other Adverse Privileging/Practice Actions. Tort Law

Investigations.

Again, if you think you may need an attorney for any of these types of actions and wish to speak with an attorney for a FREE CONSULTATION, call (844) FOR-CFML (367-2365) or email us using the contact form under the contact us tab.

The Center for Military Law L.L.C. can provide an attorney to represent U.S. Military men and women at Courts-Martial, Article 32 Investigations, Non-Judicial Punishment/Article 15’s, CID/MPI Investigations, AR 15-6 Investigations, and Commander’s Inquiries.

Courts-Martial

Courts-martial are conducted under the UCMJ and the Manual for Courts-Martial United States. If the trial results in a conviction, the case is reviewed by the convening authority – the commanding officer who referred the case for trial by court-martial. The convening authority has discretion to mitigate the findings and sentence, set aside convictions, and/or to remand convictions and/or sentences back to a court-martial for re-hearing. If the sentence, as approved by the convening authority, includes death, a bad conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. There are four such courts – the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals, and the Coast Guard Court of Criminal Appeals.

If you're facing a courts-martial in the United States, the Center for Military Law L.L.C. is here to help you. A Courts-Martial is convened to try members of the U.S. military for violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military's criminal code. Sometimes they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial, which contains the Rules for Courts-Martial, Military Rules of Evidence, and other guidance. There are three types: Special, Summary, and General.

Article 32 Investigations

An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII ("Trial Procedure") Article 32 (10 U.S.C. § 832), which mandates the hearing. The UCMJ specifies several different levels of formality with which infractions can be dealt. The most serious is a general court-martial. An article 32 hearing is required before a defendant can be referred to a general court-martial, in order to determine whether there is enough evidence to merit a general court-martial.

Offenders in the US military may face non-judicial punishment, a summary court-martial, special court-martial, general court-martial, or administrative separation. A commanding officer, in the role as court-martial convening authority, will consult with the command judge advocate for advice on case dispostition; factors to be considered include, inter alia, the relevant statutory and case law, the seriousness of the offenses, the strength or weakness of each element of the case, the promotion of good order and discipline, and the commander's desire for case disposition.

Non-Judicial Punishment/Article 15’s

A non-judicial punishment (NJP) in the United States Armed Forces is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice. Non-judicial punishment or "NJP" permits commanders to administratively discipline troops without a court-martial. Punishment can range from reprimand to reduction in rank, correctional custody, confinement on bread and water/diminished rations (aboard ships only), loss of pay, extra duty, and/or restrictions. The receipt of non-judicial punishment does not constitute a criminal conviction (it is equivalent to a civil action), but is often placed in the service record of the individual. The process for non-judicial punishment is governed by Part V of the Manual for Courts-Martial and by each service branch's regulations.

Non-judicial punishment proceedings are known by different terms among the services. In the U.S. Army and the U.S. Air Force, non-judicial punishment is referred to as Article 15; in the Marine Corps it is called being "NJP'd" or being sent to "Office Hours". The U.S. Navy and the U.S. Coast Guard call non-judicial punishment captain's mast or admiral's mast, depending on the rank of the commanding officer.

CID/MPI Investigations

The Military Police Corps is the uniformed law enforcement branch of the United States Army. Investigations are conducted by Military Police Investigators or the United States Army Criminal Investigation Command (USACIDC), both of which report to the Provost Marshal General. CID does not charge subjects of investigations with crimes. CID investigates allegations of wrongdoing and once an investigation is completed, turns the findings over to the appropriate command and legal authority for disposition and adjudication. Once a person is charged with a crime, that information may become public record through an Article 32 Hearing, Courts Martial etc.

CID Special Agents primarily investigate felony-level crime across the Army and provide investigative support to field commanders. They conduct a wide variety of investigations to include deaths, sexual assault, armed robbery, procurement fraud, computer crimes, counter-drug operations and war crimes. CID agents also provide counter-terrorism support, criminal intelligence support, force protection, forensic laboratory investigative support, and protective services for key Department of Defense and senior Army leadership.

AR 15-6 Investigations

AR 15-6 procedures generally govern investigations requiring detailed fact gathering and analysis and recommendations based on those facts. An "investigation" is simply the process of collecting information for the command, so that the command can make an informed decision. AR 15-6 sets forth procedures for both informal and formal investigations.

Informal investigations usually have a single investigating officer who conducts interviews and collects evidence. In contrast, formal investigations normally involve due process hearings for a designated respondent before a board of several officers. Formal procedures are required whenever a respondent is designated.

Commander’s Inquiries

If a commander receives information that a member of his or her command is accused or suspected of committing an offense or offenses triable by court-martial, the immediate commander is required to make or cause to be made a preliminary inquiry into the charges or suspected offenses. This preliminary inquiry is usually informal.

In the case of simple, minor offenses the inquiry may simply be a matter of the commander obtaining information from the suspected offender’s chain of command. In complex or serious cases the commander should seek the assistance of law enforcement investigators when conducting the preliminary inquiry.

The CFML is fully versed with all types of Military Law and can help you with your defense. Contact us today.

The Uniform Code of Military Justice (UCMJ) is the foundation for the military justice system, that all servicemembers are subject to. The authority of Congress to enact the UCMJ ( 10 U.S.C. §§801-946) is provided in the United States Constitution in Article I, Section 8, which provides that “The Congress shall have Power . . . To make Rules for the Government and Regulation of land and naval forces.” Prior to the UCMJ being enacted by Congress on 5 May 1950, the armed forces operated under the Articles of War, originally established by the Second Continental Congress.

The UCMJ along with the Manual for Courts-Martial (MCM) and the Military Rules of Evidence form the core of the military justice system and its operation. The UMCJ contains twelve subchapters that detail everything from apprehension and restraint, non-judicial punishment, court martial, trial proceedings, punitive articles, to the Court of Appeals for the Armed Forces.

The UCMJ contains a complete set of criminal laws, found in the punitive articles section, in which many mirror civilian criminal law. However the UCMJ in more encompassing because it goes on to punish other misconduct that impacts good order and discipline. (e.g. unauthorized absence, drinking liquor with a prisoner).

Article 15 of the UCMJ allows the commander to conduct non-judicial punishment. This section is used on a daily basis throughout the services in order to maintain good order and discipline. It allows the commander to address misconduct that rates more than a formal written counseling but does not rise to the level of a court martial.

Article 16 of the UCMJ defines the three types of courts martial which include, summary courts-martial, special courts martial, and general courts martial. This section of the UCMJ also lays out the structure of each type of courts martial. These are not standing courts, but rather convened at the discretion of the convening authority when an offense had been committed and needs to be addressed.

Subchapter X of the UCMJ contains the punitive articles of the UCMJ. The punitive articles cover almost all areas of civilian criminal law but define additional offenses which my effect good order and discipline. On of these articles in Article 133 which is conduct unbecoming an officer and a gentlemen. The UCMJ is also said to have a “catch all” Article which is Article 134, the general article. The Statute of the UCMJ specifically states, “Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.” (10 U.S.C. §934).

Retired members of the armed services who are receiving retirement pay are subject to the UCMJ.

2019 Manual for Courts Martial

The Center for Military Law L.L.C. can provide an attorney to represent U.S. Military men and women at Enlisted Separations and Boards, Officer Elimination and Show Cause Boards, Boards of Inquiry, Flying Evaluation Boards, Reduction Boards, Financial Liability Investigations (FLIPL’s), Credentials Hearing Boards, Adverse Privileging/Practice Actions, General Officer Memorandum of Reprimands (GOMOR), and other miscellaneous adverse administrative actions.

Enlisted Separations and Boards

If you are facing an administrative separation, you need to fully understand your rights. Some separations can affect your eligibility to receive benefits from the Veteran's Administration and can be processed without a hearing or board, by your Brigade Commander. Whether or not you are an entitled to a board, we can represent you throughout the entire Administrative Separation process. If you are going to be involuntarily discharged from any branch of the military, you need to do everything possible to receive an honorable discharge. Failure to do so could seriously restrict your employment options in civilian life, as well as affect your eligibility to receive benefits from the Veteran's Administration. By getting the help of an experienced military attorney to prepare your case and represent you during your hearing, you can improve the chances of a successful outcome. If you are entitled to an administrative separation hearing, you will have the opportunity to challenge the evidence against you, question witnesses in the case, submit your own evidence and testimony, and question voting members about their cause for voting against you. You may be able to either prevent the discharge or improve your discharge characterization.

Officer Elimination and Show Cause Boards

The common method of eliminating an officer from active duty is through a Board of Inquiry. The Board of Inquiry’s purpose is to give the officer a fair and impartial hearing, determining if the officer will be retained in the Army. Through a formal administrative investigation conducted under AR 15-6 and AR 600-8-24, the Board of Inquiry establishes and records the facts of the Respondent’s alleged misconduct, substandard performance of duty, or conduct incompatible with military service. Based upon the findings of fact established by its investigation and recorded in its report, the board then makes a recommendation for the officer’s disposition, consistent with AR 600-8-24. The Government is responsible to establish, by preponderance of the evidence, that the officer has failed to maintain the standards desired for their grade and branch. In the absence of such a showing by the Government, the board will retain the officer. However, the respondent is entitled to produce evidence to show cause for his retention and to refute the allegations against him.

Flying Evaluation Boards

When an officer’s performance is doubtful, justification for continued aviation service and aeronautical ratings are subject to a complete review at a Flying Evaluation Board or FEB. Each officer authorized to pilot a military aircraft or perform crew member duties must maintain the highest professional standards. FEB’s are typically convened when an officer fails to remain professionally qualified, has marginal potential for continued aviation service, or is currently non-medically disqualified for aviation service and meets the provisions for requalification. A FEB can recommend that your aviation service and aeronautical ratings be permanently terminated. You should have an attorney who understands the aviation community and how FEB’s are conducted represent you. As a Combat Aviation Brigade Judge Advocate for three years and a door gunner on a UH-60 L/M, Bruce L. Tyler has extensive experience at FEB’s and is eager to represent Aviators.

Financial Liability Investigations (FLIPL’s)

A financial liability investigation of property loss is typically initiated to account for lost, damaged, or destroyed Government property when negligence or willful misconduct is suspected as the cause, the individual does not admit liability and refuses to make voluntary reimbursement to the Government for the full value of the loss less depreciation. Depending on the type of equipment and the circumstances of the loss, you may be liable for up to the full value of the equipment less depreciation. It is important you retain qualified attorney to represent you throughout this process and the Center for Military Law is prepared to assist you.

General Officer Memorandum of Reprimands (GOMOR)

A General Officer Memorandum of Reprimand or GOMOR has the ability to have lasting effects on your military career. A GOMOR filed in your Official Military Personnel File can eventually lead to your involuntary separation from the military. A well planned rebuttal may prevent the filing of a GOMOR in your OMPF, so it is important that you have an experienced attorney assisting you throughout this process.