Article 15 - Commander’s Investigation & Hearing

This is the Document Release Information
Article Number:	7CAV-R-016
Scope:	Article 15 - Commander’s Investigation & Hearing
Version:	1.0
Effective Date:	26NOV20
Last Modified Date:	05AUG21
Approving Authority:	Regimental Commanding Officer
Point of Contact:	Regimental Executive Officer

Introduction

Article 15 Investigations are a measure used to investigate (independently where possible) any alleged infraction upon legal request. A Hearing is the subsequent review of that investigations findings and the provision of summary judgement or dismissal from a Command Authority on the matter.

Initiation, Process and Requirements

It will typically be necessitated from repetitive issuing of Letters of Reprimand, but may be initiated by any Command Authority at will within their scope of command. In addition, any Officer within the 7th Cavalry can request an Article 15 Commander’s Investigation on any matter they have evidence or witness testimony to provide against any trooper regardless of seniority to be referred to the Battalion Commander or Department OIC. The Battalion Commander or Department OIC or independent delegate appointed by the aforementioned shall perform an investigation, by obtaining any and all evidence and witness testimony. The Battalion SGM or Department NCOIC shall be responsible for overseeing the investigator’s efforts to accomplish this. Delegates must be Commissioned Officers within the 7th Cavalry. The Investigator must produce a report of their findings, along with a recommendation which may be enacted or overruled by the Battalion Commander or Department OIC through the Right of Review policy. When interviewing the accused, in any legal proceeding (PHASE 3 or 4) the accused is entitled to the representation of a qualified Officer to offer (7th Cavalry) Legal Counsel in the capacity of their defense.

Investigation Report Content

The investigating officer will provide a report of the findings within 14 days of the investigation initiation and provide recommendation to the Battalion Commanding Officer or Department 1IC:

1. An executive summary (intended to summarize in no more than 4 sentences/bullet points)
2. The evidence gathered to include:

   A. Facts.

   B. Witness testimony.

   C. Recordings, Logs, and/or Screenshots (if applicable).

3. Whether any lines of inquiry were not explored, and if so, why not?
4. A recommendation to the Battalion Commanding Officer or Department 1IC as to what action they should take. Recommendations could include:

   A. Dismissal of the case due to lack of evidence.

   B. Further investigative work beyond the scope of this officer’s jurisdiction.

   C. Recommendation to proceed to sentencing at Commander’s Hearing.

   D. Recommendation to proceed to a Court Martial.

Commander’s Hearing

This is the mandatory process disciplining authorities must follow to execute a Commander’s Hearing:

1. Pursuant to a referral by the investigating officer during the Commander’s investigation, the accused is served the report produced previously via Private Message.
2. The accused has 7 days from the date of the message to concur or dispute the content notwithstanding Leaves of Absence (LOA) when pre-booked before the message is delivered.
3. In the event that the accused disputes the findings, the matter is immediately referred to Court Martial.
4. The Battalion Commanding Officer or Department 1IC shall act as the presiding authority for any proceeding within the scope of their command.
5. Once the hearing has been completed, the sentence shall be passed by the Battalion Commanding Officer or Department 1IC with the accused.
6. Limits of sentencing and consequences are included later in this SOP.
7. In the event of an appeal against the severity of the punishment of the Battalion Commanding Officer or Department 1IC, the Battalion Commanding Officer or Department 1IC shall submit a report detailing all findings and summary judgment of the case to the JAG OIC who shall independently review the facts of the case and ensure that a fair process has been followed, and either reaffirm or commute the sentence.

   A. For clarity, the actual Commander’s Hearing cannot be appealed as it is based upon fact.

   B. For clarity, the severity of the punishment is defined as the consequences listed under the limitations of # 6.

8. In a Commander’s Hearing, the Commanding Officer or Department 1IC may only reduce the rank of those within the scope of their command.

   A. For clarity, it is not intended that a Department 1IC may be able to reduce the rank of a member within their department unless it is a secondary as a primary billet.

PM Contact Templates

These templates will be sent to members to inform them they will be subject to an Article 15.

Initial Summons

Subject: Meeting: Article 15 - Investigator’s summons

, I am writing to you to arrange a meeting in order to discuss allegations that I have been directed to investigate by . It’s important that we meet in the next 72 hours in order to discuss this. This is in relation to an infraction which we will discuss on Discord. It is very important that we meet to discuss this so that we can understand the facts of the case, the cause and any other details you think are relevant in order for me to provide a report to and recommend the next step in the process. I recognize this can in some cases come as a shock, and that you might be worried, but it is important that we take a breath and approach it as professionals, together. I’m keen to work with you to find out all sides of the story, but you should be aware my role is simply to investigate and report. I have no direct authority in this process, am neutral and impartial, and cannot advise you what will happen next. Please address any concerns you have to your Chain of Command who are there to help you through this process. An Article 15 Investigation is the first half of a process for serious or repeated issues which have not been addressed by counselling or Letters of Reprimand, but because this is a more significant step an Officer is assigned to gather the facts and present this to the command authority. They then decide (with the authority of their position) what to do next. You should finally note that this part of the process is not punitive. It will not appear on your MILPAC, and besides the notes which will be forwarded to the <command> there will be no other records. Please treat this as strictly confidential. I’m available at these times during the next 72 hours: XXXXZ to XXXXZ XXXXZ to XXXXZ XXXXZ to XXXXZ What time can you meet?</command>

Secondary Summons

Subject: Meeting: Article 15 - Hearing summons

, I am writing to you to arrange the hearing to address the allegations that have been investigated pursuant to the report being provided by . It’s important that we meet in the next 72 hours in order to discuss this. I have reviewed the report, and would like to discuss the findings to advise you of the next steps. I want you to come to the meeting with an open mind and be prepared to receive feedback. My intent is to ensure that the concerns which caused the investigation to commence do not repeat or reoccur, and that we can continue to work toward high performance as a team. Please treat this as strictly confidential. I’m available at these times during the next 72 hours: XXXXZ to XXXXZ XXXXZ to XXXXZ XXXXZ to XXXXZ What time can you meet?

After Action

Subject: After-Action: Letter of Reprimand

, I am writing to you to confirm the minutes of our meeting on DDMMMYY. In the meeting I will have clarified the specific infraction observed, and the consequences associated with your Commander’s Hearing. You can find the minutes here It is required of me by procedure to inform you of your Right to Appeal this Commander’s Hearing to the Judge Advocate General, but you should be aware that the appeal is in relation to the severity of the consequence and not the legitimacy of the step we have taken. We really appreciate you taking the time to understand our concerns and for being prepared to take action to help us achieve high performance in our team. Please treat this as strictly confidential. Please let me know if there is anything else we as a team can do to help you.

Repeat / Multiple Article 15 Commander’s Investigations & Hearings

It is not anticipated that any repetitions of an Article 15 investigation will occur due to the severity of the offences they are typically aligned to (such as gross misconduct or willful disobedience demonstrated over a period of time). That being said it should be expected that any repeat Article 15 investigation performed for the same reason on the same individual shall be grounds for immediate escalation to an Article 32 investigation.

Article 15 Commander’s Investigation and Hearing Record-Keeping

Record of a Commander’s Hearing must be kept indefinitely by reference on the troopers MILPAC and a .pdf copy is kept in the appropriate Google Drive.

Form Template

The Article 15 Command Hearing Template may be found Here.

The Command Investigation Template may be found Here.

The Investigative Nature of an Article 15 Commander’s Investigation

An Investigation is non-punitive. This means specifically that the Investigation itself is not a consequence of a member's actions. It is a process designed to enable discovery of the facts in order to identify whether guilt may or may not be ascribed. No record of an Investigation alone shall appear on a member's MILPACS.

The Punitive Nature of a Commander’s Hearing

A Commander’s Hearing, unless the case is dismissed, is punitive. This means specifically that the Hearing itself is a consequence of a member's actions and even if not inclusive of additional measures, is a record of disciplinary action to be annotated unconditionally for future reference upon a member's MILPACS.

Command Authority

Authorities for an Article 15 include:

• The Regimental Commanding Officer
• The Regimental Chief of Staff
• Battalion Commanding Officer
• Department 1IC

Consequences

There is a documented limit of authority in order to prevent abuse. Limits of Sentencing are uniform for Officers and NCO's, and include:

• Notation on MILPACS
• Assign 30 days NFA
• Reduce by 1 or more grade for Enlisted Members in accordance with Commander's Hearing and within the command authorities' scope of command.
• Reduce by 1 grade for Officers or NCO's in accordance with the Commander's Hearing and within the command authorities' scope of command.
• Remove from Billet anyone at Platoon Level or below in accordance with Commander's Hearing and within the command authorities' scope of command.

Regimental Disciplinary Process
Counseling	Developmental Counseling Statement (DCS)
Repeated Minor Offences or Serious Offences	Letter of Reprimand (LOR) • Article 15 - Commander's Investigation and Hearing
Repeated Serious Offences or Gravely Serious Offences	Article 32 - Pre-Trial Investigation and Court Martial