OSI Investigation Process

May 5, 2025

The OSI Investigation process is governed by instructions that are not available to the public. The following article is meant as a general overview and is based on The Law Office of Matthew Barry's personal and extensive experience with OSI (Office of Special Investigations).

OSI is the Air Force's felony investigators, meaning they are responsible for investigating all felony allegations. OSI is allowed to investigate lower-level offenses; however, this is not common and only done during special circumstances (i.e. high-profile allegations or scandals). If an Airman/woman is informed that he/she is under an OSI investigation, then it is safe to assume that he/she has been accused of a serious and felony-level offense. The most common allegations investigated using the OSI investigation process are: rapes, sexual assaults, domestic violence, murders, drug crimes, aggravated assaults, and high-level theft offenses.

OSI has both uniformed and civilian investigators; however, even those in the Air Force will typically not wear a uniform on daily basis. Not wearing a uniform is a tactic to intimidate/impress those being interrogated. One should always remember that an OSI investigator is likely not very high-ranking and is typically inexperienced, despite what they may say.

The OSI investigation process begins when an allegation is referred to them. It is uncommon for an Airman/woman to walk into an OSI office and report an offense. Instead, allegations are typically made to a Commander, medical professional, lawyer, or other authority figure. In these situations, OSI will be informed through the individual who was initially informed.

Once OSI is informed of an allegation, the OSI investigation process cannot be stopped simply because an alleged victim does not want to "press charges." OSI does not care if the alleged victim desires the investigation to continue or not. While lack of victim participation can make it difficult to prove allegations, that is not always the case, especially in the Military.

Once the OSI investigation process begins, a primary case agent is assigned. He/she is responsible for fully investigating the allegation and collecting as much evidence as possible. The OSI agent will interview any witness with potentially relevant information and may collect other types of evidence that may be available. Some common pieces of evidence collected by OSI include:

Text messages
Call logs
Location data
Photos
Videos
Clothes
Bedding
DNA
Fingerprints
Medical records
Other police reports
911 calls
Firearms, knives and other weapons
Contracts/leases/etc.

During the OSI investigation process, this evidence can be collected with the consent of the individual in possession of it or by the OSI agent requesting a subpoena from a Military Judge or Military Magistrate. In order to get a search and seizure authorization, an OSI agent must show that there is "probable cause" to believe that they will discover relevant evidence. This is an easy standard to meet, but can be challenged by an Airman/woman with a privacy interest in the evidence in question, later in the process.

OSI will always interrogate the subject (the one accused) during the OSI investigation process. The subject will be ordered to the OSI office by his or her Command, often being escorted. At the OSI office, the subject will be searched and will brought into an interrogation room. Typically, the subject is forced to wait for a long period of time, which is a tactic. An OSI agent will then eventually enter the room and start making small talk and asking administrative questions. This is all a tactic to hopefully get the subject to talk. Eventually the OSI agent will inform the subject of his/her rights, which include the right to remain silent (say nothing at all) or consult with a lawyer. Any Airman/woman in this situation does not have to talk to OSI. As Attorney Barry says frequently, "smart people do not talk to the cops." At the very least, an Airman/woman in this situation should ask to talk to lawyer. The safest option, however, is to say "I invoke my right to remain silent." Once this occurs, OSI is not allowed to ask any more questions. Furthermore, under no circumstance should a subject consent to a seizure/search of his or her property, or provide OSI with his/her passcode to their phone (this information cannot be compelled, even in the Military).

At some point, the lead agent will determine that all possible evidence has been collected and the OSI investigation process concludes. The agent, in conjunction with JAG, will also determine if there is probable cause to believe that the subject of the investigation committed any offenses under the UCMJ. If they determine yes, then the individual in question is "titled" in the NCIC database, which will follow the member for the rest of his/her life. Essentially, the subject of the investigation will have to disclose that he/she was arrested for the offense listed. Anyone in this situation can only be removed from the NCIC database if he/she can subsequently prove that there either "was not," or currently "is not" probable cause that he/she committed the offense in question. Anyone who is curious if he/she is in the NCIC database can easily check by following the instructions at this link. Furthermore, if the OSI agent finds probable cause, then the subject's DNA will be placed into the CODIS database.

If it is determined that there is no probable cause to believe an offense was committed, then the OSI investigation process will conclude an no adverse action should be taken against the accused.

Most, if not all, of OSI investigations are referred to the recently created Office of the Special Trial Counsel. The Office of the Special Trial Counsel will only determine if a Court-Martial will occur. If they decide to pursue Court-Martial Charges, then charges will be preferred. The entire process is explained in depth, at this link. If Court-Martial charges are not preferred, then the OSI investigation will be deferred back to the Command for action. The Command can take any action against the Airman/woman in question, except a Court-Martial. This could include nonjudicial punishment, an LOR, LOA, LOC, negative evaluation reports, initiation of separation (Enlisted), or the initiation of elimination (Officers).

The OSI investigation process could be re-opened at the request of the prosecuting JAG at any point after it was initially closed. Reasons for this could include the identification of additional evidence that requires additional investigation.

The OSI investigation process typically takes about 6-8 months to complete; however, investigations can conclude sooner or later than this, depending on the complexity of the investigation.

Any Airman/woman who is the subject of an OSI investigation process should immediately recognize that his/her life and career are in jeopardy. Making the right decisions during the investigation process can make a monumental difference in the final outcome. While ADCs are available to assist, they are often inexperienced, overworked, and do not have the time and attention to provide. Civilian lawyers can be retained in these situations, which allows an Airman/woman to be represented by a lawyer with prior success and good reviews from their former clients.

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 Servicemembers and Veterans worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.