Article 32 - Pre-Trial Investigation & Court Martial

This is the Document Release Information
Article Number:	7CAV-R-017
Scope:	The Article 32 - Pre-trial Investigation & Court Martial
Version:	1.0
Effective Date:	26NOV20
Last Modified Date:	05AUG21
Approving Authority:	Regimental Commanding Officer
Point of Contact:	Regimental Executive Officer

Introduction

Article 32 Investigations are a last-resort measure used to investigate (independently where possible) any alleged infraction upon legal request. The subsequent Court Martial is the review of the facts found from that investigation and the summary judgement or dismissal resulting from it at the discretion of the Judge.

Initiation, Process and Requirements

The JAG OIC may initiate an Article 32 investigation at will and without prior notification but must notify the rest of Regimental Staff when doing so. Any Officer within the 7th Cavalry can request an Article 32 investigation on any matter they have evidence or witness testimony to provide against any trooper regardless of seniority to be referred to the Judge Advocate General Corps. The JAG OIC will assign an independent officer to perform the investigation, by obtaining any and all evidence and witness testimony supported by the Regimental Staff, an Aide to the Chief of Staff or SPD Technical Aide where applicable and appropriate. Delegates must be Commissioned Officers within the 7th Cavalry. The investigating officer will provide a report of the findings and recommendation to the JAG OIC. 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 Contents

The investigating officer will provide a report of the findings within 14 days of the investigation initiation and provide recommendation to the Judge Advocate General OIC:

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 (if applicable)

3. Whether any lines of inquiry were not explored, and if so, why not?
4. A recommendation to the Judge Advocate General OIC 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. Formal charges for the individuals involved to be prepared in accordance with Article 33, UCMJ and to proceed to General Court Martial.

Court Martial

This is the mandatory process disciplining authorities must follow to execute a Court Martial.

1. Pursuant to a referral by the investigating officer during pretrial activities, the JAG OIC shall arrange for the composition and execution of a trial of the accused to review the formal charges, hear the evidence and pass judgment and sentence. They will contact the Accused via Private Message to inform them of this.
2. They have 7 days from the date of the message was sent to concur or dispute the content notwithstanding Leaves of Absence when pre-booked before the message is delivered.
3. The General Staff shall appoint a Judge for the case.
4. If guilt is confirmed by the Judge, the Judge shall immediately pass sentences within the limits of authority.
5. In either case that the Accused accepts or disputes the findings, the matter is immediately referred to the Regimental CO to perform a Duty of Review.
6. The Regimental CO has Right of Review over any decisions made by subordinate members of his Command.
7. For this reason, and as a matter of cause, he shall review each and every Court Martial conducted as part of this process and either:

   A. Confirm the results of the Court Martial to be executed

   B. Vacate the results of the Court Martial and instruct the destruction of any such investigative materials.

8. A record of vacated Court Martial decisions shall be maintained by General Staff and will not be for public consumption.

PM Contact Templates

These templates will be sent to members to inform them they will be subject to an Article 32.

Initial Summons

Subject: Meeting: Article 32- 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 the Judge Advocate General . 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 the Judge Advocate General and recommend the next step in the process. I recognise 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 32 Investigation is the first half of a process for serious or repeated issues which have not been addressed by counselling or Letters of Reprimand or Article 15 Command Hearings, but because this is a more significant step an Officer is assigned by the Judge Advocate General 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 Judge Advocate General 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?

Secondary Summons

Subject: Meeting: Article 32 - Hearing summons

<Rank><First><Last>, I am writing to you to arrange the hearing to address the allegations that have been investigated pursuant to the report being provided by <the investigator>. 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: <Day> XXXXZ to XXXXZ <Day> XXXXZ to XXXXZ <Day> XXXXZ to XXXXZ What time can you meet?

After Action

Subject: After-Action: Article 32 Court Martial Hearing

<Rank><First><Last>, 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 Court Martial Hearing. You can find the minutes here <hyperlink> It is required of me by procedure to inform you of your Right to Appeal this Court Martial to the Regimental Commander, 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. The Regimental Commander reviews all cases as per procedure as part of this Right of Review, however you may indicate your intent to appeal if you so desire. 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 32 Pre-trial Investigation & Court Martial

It is not anticipated that any repetitions of an Article 32 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 32 investigation performed for the same reason on the same individual shall be grounds for immediate Dishonourable Discharge if the facts are indisputable.

Court Martial Record-Keeping

Records of a Court Martial must be kept indefinitely by reference on the troopers MILPAC. These are likely to become part of an integrated feature of the forum in due course in order to remove the administrative burden of PDF management in Google Drives.

Form Template

The Article 32 Court Martial Hearing Template may be found Here.

The Investigation Template may be found Here.

The Investigative Nature of an Article 32 Pre-trial Investigation

An Investigation is non-punitive. This means specifically that the Investigation itself is not a consequence of a troopers 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 trooper’s MILPAC.

The Punitive Nature of a Court Martial

A Court Martial, unless the case is dismissed, is punitive. This means specifically that the Hearing itself is a consequence of a troopers actions and even if not inclusive of additional measures, is a record of disciplinary action to be annotated unconditionally for future reference upon a troopers MILPAC.

Command Authority

Command authority for a court martial includes:

• The General of the Army
• The Judge Advocate General

Consequences

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

• Notation on MILPACS
• Any other punishment at the Judge’s discretion up to and including dishonorable discharge from the 7th Cavalry Regiment.

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