Army IG Investigation Process

The Army IG investigation process is defined and governed by AR 20-1, available for download at this link.

The Army IG investigation process begins when a member of the IG receives a complaint.  While complaints can be received in any form (ie in person, over the phone, by email, by letter), the preferred way is to submit a DA Form 1559, available for download at this link.

The inspector general typically will not get involved in the following matters: allegations of family non-support, indebtedness on behalf of a Soldier, matters with no military connection, SHARP complaints, EO complaints, and criminal matters. Furthermore, the IG will typically not investigate matters related to Courts-Martial, Evaluations (Officers and NCOERs), GOMORs, Article 15s, and other adverse actions which have their own defined appeals process.

Once the complaint is received, the Army IG investigation process continues when the inspector general conducts a preliminary analysis of the complaint. This analysis is brief, and focuses on identifying issues, allegations, and systemic problems as well as the complaint's potential for embarrassment or adverse impact on the Command.

After this analysis is complete, the next step in the Army IG investigation process is to refer the matter to the appropriate agency. Typically, this means that the IG will notify the Command about the complaint and then track the completion of an AR 15-6 investigation, which is explained in depth at this link. IG offices also often refer complaints to law enforcement agencies such as CID or MPI.  Contrary to popular opinion, it is actually quite rare for the IG to conduct their own, independent investigation.  The overwhelming majority of the time, the IG simply notifies the Command and they conduct their own investigation.

The next step in the Army IG investigation process is to track the investigation. The IG does very little during this step.

Once the referral agency has completed the investigation, the IG office notifies the complainant (individual who filed the complaint) of the results, either verbally or in writing.

The next step of the Army IG investigation process is to review the investigation conducted and ensure that all issues were adequately addressed. If the IG determines more investigation should be completed, they can refer the matter back to the referral agency or conduct their own investigation (explained more later in this article).

The final step of the Army IG process is to close the complaint and notify the complainant of his/her appeal rights.

At any point during the Army IG investigation process, the IG has the discretion to conduct their own independent investigation. This is rare, and typically only occurs when the complaint involves a whistleblower/reprisal allegation or when a Command investigation is not likely to be efficient or effective.

In these situations, the subject of the IG investigation will not be flagged (which will occur if a 15-6 investigation is conducted). Once the investigation is appointed, the IG investigator will conduct recorded interviews and then summarize the witness's testimony. The IG investigator must comply with Article 31 of the UCMJ and use a DA Form 3881.  This means that Soldiers suspected of misconduct have the right to speak to a lawyer prior to an interview and invoke his/her right to remain silent. During the Army IG investigation process, the investigator may also collect other types of evidence (text messages, photos, videos, emails, etc). Once complete, the investigator will create a report of investigation (ROI) with findings.

The following standards are applied during the Army IG investigator process when making findings:

(1) IGs will use the conclusion of "substantiated" when a preponderance of credible evidence, as viewed by a reasonable person, exists to support the allegation
(2) IGs will use the conclusion of "not substantiated" when a preponderance of credible evidence, as viewed by a reasonable person, does not exist to support the allegation
(3) IGs will use the term "founded" for issues contained in the ROI that accompanied the allegation(s) to show that the issues had merit and required resolution
(4) IGs will use the term "unfounded" for issues contained in the ROI that accompanied the allegation(s) to show that the issues lacked merit and did not require resolution

Once these findings are completed, the subject of the investigation is given the opportunity to submit a rebuttal/response that will be included in the completed report.

ROIs completed by the IG cannot be used to form the basis of any adverse action against any individual without approval from the Secretary of the Army. This prohibition does not apply to an IG complaint that was referred to an outside agency (including the Command) who conducted their own investigation. For example, if a Soldier files an IG complaint and a 15-6 investigation is conducted, then the subject can face adverse action because the Command conducted the investigation, as opposed to the IG.

After finalized, an ROI can be appealed within three years if the subject presents new evidence or demonstrates a mistake of law or fact. These requests for reconsideration must be submitted directly to the IG.

The vast majority of complaints disposed of through the IG investigation process are actually investigated through 15-6 investigations.  Career altering punishment, such as a GOMOR, Article 15, negative evaluation (Officers and Enlisted) and/or separation (Officers and Enlisted) can result. Therefore, anyone who is the subject of an IG complaint should immediately consult with an experienced Military Lawyer.

While Legal Assistance/TDS is available to assist, they are often over-worked and inexperienced. Civilian Counsel can be retained, which allows an Officer to be represented by a proven lawyer with good former client reviews.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has dealt extensively with all types of IG investigations and the adverse actions that can result.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.