Preliminary Inquiry

June 16, 2025

A preliminary inquiry in the Military is governed by RCM (Rules for Court-Martial) 303, available at this link. The purpose of such an inquiry is to collect initial information and determine if further investigation is warranted. A preliminary inquiry can be conducted by a Commander, or another individual that the Commander appoints. One cannot be conducted into allegations of a covered offense (an offense in the purview of the Office of the Special Trial Counsel in the Army, Navy, Marines, and Air Force).

A preliminary inquiry in the military should be conducted quickly, within a matter of days. During a preliminary inquiry, the following evidence is typically collected:

statements
memorandums for record
text/social media messages
emails
photos
videos
audio files
police reports
medical records
other similar evidence

There is no requirement that a written report be produced by a preliminary inquiry investigating officer/Commander; however, typically a one-two page memorandum is drafted with findings and recommendations.

After the completion of a preliminary inquiry in the military, a Commander will decide if further investigation is required. If no, then the Commander will either take action at his/her level, or forward the inquiry to higher, as appropriate. Action could include:

no action
counseling, letter of concern, LOA, LOC, etc.
letters of reprimand (i.e. GOMOR/LOR)
article 15s/non-judicial punishment
negative evaluation report
initiation of separation (enlisted) or elimination (officers)
preferral of court-martial charges

If a Commander determines that further investigation is warranted, he/she may appoint one of the following:

15-6 Investigation (Army), explained more at this link
Commander Directed Investigation (Air Force), explained more at this link, or
Command Investigation (Navy and Marines), explained more at this link

Furthermore, if warranted, a preliminary inquiry may result in referral to CID, OSI, or NCIS, for a criminal investigation. Of note, a preliminary inquiry is not required, and any of the above investigations (15-6, CDI, CI, CID Investigation, OSI Investigation, NCIS investigation) can be initiated at anytime.

During a preliminary inquiry, Article 31 of the UCMJ still applies. Therefore, before asking any incriminating questions, the investigating officer must read the Servicemember his/her rights. This includes the right to remain silent (say nothing at all) and/or speak to an Attorney before answering any questions. Any Servicemember who is read his/her rights during any investigation/inquiry should immediately recognize that his/her career is in jeopardy and should consult with an Attorney before answering any questions. While each Service has JAGs available to assist, they are often overworked and inexperienced. Servicemembers have the right to consult with Civilian Counsel, which allows him/her to select an experienced Military Lawyer.

Often times Servicemembers are under the impression that they should be less concerned about allegations when being investigated by a preliminary inquiry, compared to a more formal investigation. This is foolish, as all of the same consequences, including life and career altering punishment, can result. Preliminary inquiries should be treated just as seriously as all other types of investigations.

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.