AR 15-6 INVESTIGATIONS. Captain W. Lance Blanco Telephone: 916-854-3505. Purpose of AR 15-6 Investigations. To conduct timely, thorough, and legally sufficient investigations. Most investigations conducted IAW AR 15-6 are INFORMAL investigations.
Captain W. Lance Blanco
Plan should consist of:
1) an understanding of the facts required for you to make a conclusion;
2) a strategy for obtaining evidence, including a list of potential witnesses, a list of questions for each witness, and the order in which witnesses will be questioned;
3) identify the information already available in determining what additional information is required for you to reach a conclusion.
Prior to witness interviewing, gather all related documentary evidence such as, regulations, existing witness statements, police reports, incident reports, correspondence, emails, photographs, recordings, maps, videotapes, etc.
* Even investigations with a finding of “no fault” or “no wrongdoing” require evidence to support this finding. Gather all relevant evidence.
A witness may only invoke the right to remain silent to avoid incriminating themselves. They may not refuse to answer a question because it may tend to incriminate someone else.
Never encourage a witness to speak “off the record.” Never imply that incriminating responses will not be used as the basis of criminal action against the witness – this may constitute a grant of de facto immunity.
List of questions
Timeline of events
AR 15-6 investigations are administrative and do not require that you follow the rules of evidence.
HOWEVER – some rules do apply:
Criminal Standard – Beyond a Reasonable Doubt – 99%
Legal – Intermediate Std. – Substantial Certainty – 75%
Civil / Administrative – Preponderance of the Evidence – 51%
Be specific in your findings. State facts. Your findings are based on these facts and reasonable inferences thereof. Explanations as to how you arrived at these findings are not required. A simple statement such as, “the findings are supported by the evidence” is sufficient.
Complete DA form 1574 and assemble the following documents in order.
2-Initial information collected
3-Rights warning statements
4-Chronology of events
5-Exhibits (with tabs and index)
Matters involving serious and complex facts, or matters involving potential adverse action require a legal review. Judge Advocates will review 15-6 Investigations for:
1 – Does the investigation comply with the appointing order?
2 – Were there any prejudicial errors made in the investigation?
3 – Does the evidence support the findings?
4 – Are the recommendations consistent with the findings?