Commanders Inquiry in the Army

August 9, 2025

A Commanders Inquiry in the Army is a powerful tool for any Commander and can result in adverse action for the subject of the inquiry. Technically, there is no such thing as a "Commanders Inquiry." Instead, the proper term is "Preliminary Inquiry," defined and regulated by R.C.M. 303 and AR 15-6, Chapter 4. That said, it is common to refer to a preliminary inquiry as a Commanders Inquiry in the Army.

According to R.C.M. 303, Commanders are required to investigated suspected offenses. For offenses under the jurisdiction of the Office of the Special Trial Counsel, Commanders should not conduct a Commanders Inquiry, but instead should inform CID. Commanders Inquiries also cannot be used to investigate Class A Mishaps (See AR 385-10), suicide related incidents (see AR 600-92), formal sexual harassment complaints, or investigations related to serious training accidents or deaths.

The purpose of a Commanders Inquiry in the Army is to ascertain the magnitude of a problem, identify and interview witnesses, summarize/record their statements, determine whether a more extensive investigation is warranted, and what the scope of any such investigation should be. Typically, the recommendation would be to conduct a more thorough AR 15-6 investigation, which is explained at this link.

While Commanders can, and should, conduct the inquiry themselves, they can also appoint an investigating officer. The inquiry can be appointed verbally or in writing. During a Commanders Inquiry, Commanders or an IO should use a DA Form 3881 before asking any potentially incriminating questions.

The findings of a Commanders Inquiry in the Army can, and should, be documented in writing. Furthermore, evidence should be collected and preserved. The following evidence is commonly collected during Commanders Inquiries:

Statements
MFRs
Text/Social Media Messages
Emails
Photos
Videos
Audio Files
Medical Records
Police Reports
Other Similar Evidence

Adverse action (i.e. GOMORs, Article 15s, Separation Boards, Boards of Inquiry) can result from a Commanders Inquiry in the Army without a formal 15-6 investigation; however, if this occurs, the findings have to be completed in writing, a legal review has to be conducted, and Officers must be given the chance to submit an AR 15-6 Investigation Rebuttal.

While not required, most Commanders Inquiries in the Army result in a recommendation for a more thorough AR 15-6 investigation. This is advisable, to ensure the Command gets the complete picture and the Soldier in question gets a fair process.

A Commanders Inquiry in the Army is a powerful tool for any Commander. Before rushing to judgment, Commanders should conduct this step and either take action, refer the matter to higher/outside entity (i.e. CID), or recommend a more thorough investigation. Soldiers often think that he/she should not be as concerned about a Commanders Inquiry, compared to a formal 15-6 investigation; however, the same consequences can result from both.

Before making a statement during a Commanders Inquiry in the Army or providing the Commander/IO with any evidence, an experienced Military Lawyer should be consulted. While TDS is available to assist, they are often over-worked and inexperienced. Soldiers can retain Civilian Counsel, which allows the Soldier to immediately be represented by an experienced and effective Military Defense Lawyer.

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 Army investigations, and has achieved countless positive results for his clients.

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