Cooperation During Military Investigation

December 25, 2025

Cooperation during a Military Investigation is a topic that Attorney Barry is often asked about. This article addresses this topic, which includes cooperation required during an AR 15-6 Investigation, Command Investigation, Commander Directed Investigation (CDI), CID Investigation, OSI Investigation, NCIS Investigation, MPI Investigation, or any other Military Investigation.

To begin, if answering questions during a Military Investigation could incriminate the Servicemember being asked questions, then he/she cannot be forced to provide any information. This includes answering any questions or being forced to provide any information, such as photos, videos, text messages, etc. Being forced to provide information in these situations would be contrary to Article 31 of the UCMJ. It is often hard to tell if a Servicemember is in a situation that might incriminate himself/herself. If a DA Form 3881 is used, then it is obvious that information provided could be incriminating and a lawyer should be consulted. If a DA Form 3881 is not used, only the Servicemember being asked for cooperation during a Military Investigation is in the proper position to assess if the the information being sought is incriminating. If there is any question, a lawyer should be consulted before agreeing to cooperate and provide information.

If cooperation during a Military Investigation could not lead to incriminating information for him/her, then a Servicemember has to cooperate. Failure to cooperate in this situation would be a violation of Article 92, UCMJ, Failure to Obey a Lawful Order. A typical example is as follows: a Servicemember is approached by an investigating officer or investigator. He/she does not want to answer any questions, either out of loyalty to a friend or out of a desire to not get involved; however, no information that the Servicemember is being asked about is incriminating for him/her. In these situations, if ordered to provide information and/or answer questions, failure to do so would be a violation of Article 92, UCMJ.

Any Servicemember wondering about required cooperation during a Military Investigation or if he/she can be required to answer questions and/or provide information during a Military Investigation should proceed with caution. Prior to answering any questions or providing any information, Servicemembers should ask to talk to a Lawyer. Whether information can be incriminating is a complex analysis, and one that needs to be assessed by an experienced Military Attorney.

While Military JAGs are available to assist, they are often inexperienced, over-worked, and unwilling/unable to provide advice in these complex situations. A civilian Military Lawyer can be retained, which allows a Servicemember 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 extensive experience with required cooperation during a Military Investigation.

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