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Investigations under Army Regulation 15-6 (available on-line) are administrative fact-finding investigations. An investigation into irregularities regarding Army Physical Fitness Tests (APFTs), APFT test results, allegedly falsified APFT scorecards, allegedly forged APFT signatures, etc., are quite often, and properly, the subject of AR 15-6 investigatio
Yes. Although typically in cases involving civilians a supervisor permanently assigned to a position graded as a general schedule (GS)/general management, grade 14 or above initiates the investigation. You have the right to speak to counsel, including perhaps counsel assigned in accordance with your collective bargaining unit.
So they are using a 15-6 investigation nearly a year after it's conclusion and to which the subject was never allowed to submit a rebuttal as reason to change the determination of the LoD. They also then initiated a negative action flag against the service member despite a LoD investigation requiring admin action only.
It isn't unusual that you feel that the IO's findings were not his own, but "those that the command wanted." This is called "prosecutorial bias" and, unfortunately, the Army's current 15-6 investigatory procedures are unbelievably weighted against the Soldier (read the Article in my AVVO profile: "Reprimands: The Army's Dirty Little Secret."
A 15-6 is an additional investigation to aid the commander in deciding what to do. Usually a person should exercise the right to counsel and silence with a 15-6 as well as with CID. Understand that may be too late at this point. But going forward exercise the rights. Options are nothing, GOMR, Artl 15, adverse evaluations, court-martial.
My commander is under a 15-6 investigation for hostile work environment. Now she is flagged. She is now talking about all this TDY time she plans on taking.
Often, the military will remove an accused from his/her duties until an investigation and/or adverse action is complete. And, just because this case began with a 15-6 doesn't mean it won't be turned over to CID who will want to re-investigate and delve deeper into the claims.
Run, don't walk to the closest Army Trial Defense Services (TDS) office and talk to an Army Defense Counsel. Do NOT agree to talk to anyone, such as your First Sergeant or the AR 15-6 Investigating Officer (IO) about any of this without having a Defense Counsel to assist you. You could also be court-martialed, depending on what the IO recommends!
In other words, the military can investigate, without the accused knowing, as long as they want. However, in practice the command almost always tries to complete an AR 15-6 investigation within 30 days, and the investigating officer will want to get a statement from the accused (there is no better evidence for the government than a confession).
Part V of the Manual for Courts-Martial governs the imposition of nonjudicial punishment (Article 15). Paragraph 4(a)(3) states that a member who has been offered an Article 15 is entitled, upon request, to examine available statements and