Polygraph in the Army

July 26, 2025

A polygraph in the Army can be a powerful tool to prove someone's innocence; however, agreeing to take one can be risky.

Typically, a polygraph in the Army is brought up during a CID investigation. When the subject of an investigation is expressing his/her innocence, and cooperating with CID, CID will typically offer him/her the opportunity to take a polygraph. CID agents will often refer to this as an "exculpatory polygraph," making it seem as though such a test can clear the subject if he/she passes. If a subject does pass a polygraph, it is more likely that criminal charges will not be brought against him/her. However, if the subject fails the polygraph test, or if the results are inconclusive, it may increase the likelihood of criminal charges being brough at a court martial.

Importantly, CID does not video record a polygraph test in the Army. In these situations, it is common for the CID agent to claim that the subject said something incriminating. If this occurs, it is difficult for a Servicemember to defend himself/herself, and could lead to damaging consequences. Furthermore, Attorney Barry has seen instances of a CID agent lying about the result of the polygraph test in an effort to get the subject to confess or make some sort of incriminating admission. Basically, some CID polygraphers do not care about the actual results and simply use a polygraph test as an interrogation tactic.

The results of a polygraph in the Army, or any reference to one, are not admissible at a Court-Martial, in accordance with M.R.E. 707. However, any statements made before or after the test are admissible.

The results of a polygraph can be used to prove guilt or innocence at Article 15 proceedings or during the GOMOR process. However, AR 15-6, paragraph 3-13d(4) prohibits the results of a polygraph in the Army, or any reference to one, being used during AR 15-6 investigations or during a Separation Board (enlisted)/Board of Inquiry (officer). The only exception to this is when both the subject of the polygraph test and the recorder (prosecutor) of the board consent.

A polygraph test in the Army can be administered by CID; however, as explained earlier in this article, this can be risky and can backfire. Soldiers can hire a civilian polygrapher and use the results, if advantageous, to defend himself/herself to respond to several adverse actions (i.e. Article 15 or GOMOR).

Before taking a polygraph in the Army, either administered by CID or someone else, an experienced Military Defense Lawyer should be consulted. While TDS is available to assist, they are often inexperienced, over-worked, and unwilling/unable to provide adequate advice. Soldiers can hire civilian counsel, allowing him/her to chose an experienced military 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 the use of polygraphs in the Army, whether administered by CID or a civilian polygrapher.

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