MPI Investigation

February 17, 2025

A Military Police Investigation (MPI Investigation) is regulated by AR 190-30, available at this link.

MPI is comprised of some civilian investigators and some Army Soldiers/NCOs, required to be in the rank of SPC to SFC. AR 190-30 states that an MPI Investigation will be conducted when a matter is not within the jurisdiction of CID, "but which cannot be resolve immediately through routine military police operations." Often, an investigation could be conducted by MPI or through an AR 15-6 investigation, and it is a matter of discretion which investigative process takes the lead.

Specifically, AR 190-30 states the following common UCMJ Articles should be investigated through an MPI Investigation:

Article 85, Desertion
Article 86, AWOL (Absent Without Leave)
Article 87, Missing Movement
Article 92, Failure to obey an Order
Article 107, False Official Statement
Article 108, Destruction of Government Property
Article 109, Destruction of Other Property
Article 111, Driving While Intoxicated
Article 115, Malingering
Article 121, Larceny
Article 128, Assault
Article 134, Disorderly Conduct
Article 134, Fleeing Scene of an Accident
Article 134, Receipt of Stolen Property
Article 134, Carrying Concealed Weapon
Article 134, Unlawful Entry

During an MPI Investigation, the lead agent will collect various different types of evidence. This could include photos, videos, text messages, bank records, call logs, and more. Additionally, the MPI investigator will conduct interviews and sworn statements, including from the subject of the investigation. The subject of the investigation, or anyone else whose statement could be incriminating, must be read their rights under Article 31 of the UCMJ. Essentially, anyone whose statement could be incriminating has the right to remain silent and to have a lawyer present during any questioning. As Attorney Barry frequently tells his clients, smart people don't talk to cops. Anyone who finds themselves the subject of an MPI investigation should say either "I invoke my right to remain Silent" or "I want to talk to a lawyer" and then immediately contact an experienced Military Defense Lawyer.

MPI Investigators are typically very inexperienced, and, in Attorney Barry's opinion, do a poor job. Despite this, an MPI Investigation can result in career ending action for the subject. For example, Officers, Soldiers, and NCOs can receive a letter of concern, GOMOR, Article 15, negative NCOER, or negative OER. Additionally, enlisted Soldiers could ultimately faced separation and Officers can face elimination. In rare cases, an MPI investigation can result in a Court-Martial.

No matter what adverse action is taken, or not taken, an MPI investigation can result in the subject being "titled" in the NCIC database through a DA Form 4833. If this happens, the subject of the investigation will forever have a charge that shows up on his/her background check, unless he/she later appeals the probable cause determination.

Proper representation during a Military Police Investigation can mitigate and/or prevent career ending action. While Trial Defense Services (TDS) is available to assist, they are often overworked, inexperienced, and unwilling to provide the assistance necessary. A Civilian Lawyer can be retained, which allows the Soldier/NCO/Officer in question to chose an experienced Military Defense Lawyer.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success.

The Law Office of Matthew Barry represents Soldiers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S. Attorney Barry and his team will travel to any base, worldwide, to represent Soldiers accused of misconduct.