Posted on Oct 9, 2021
Am I entitled to see the findings of my 15-6 investigation?
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Hello, I have been under a 15-6 investigation for the past 6 months. I have been told that the investigation has concluded and that the investigation was founded. I am being recommended for involuntary separation. My chain of command has not provided me with a copy of the findings or investigation. Can someone tell me if i am entitled to that information and what regulation I can see it.
Posted in these groups: 
Legal Services
Legal Services
Posted 3 y ago
Responses: 3
According to AR 15-6, Chapter 1, Paragraph 1-12, c(1), it looks like the answer is "Yes".
It says: "(1) Notify the Soldier, in writing, of the proposed adverse action and provide a copy, if not previously provided, of those parts of the findings and recommendations of the inquiry, investigation, or board and the supporting evidence gathered during the proceeding upon which the proposed adverse action is based. This release of information must comply with 5 U.S.C. 552, Freedom of Information Act (FOIA) and 5 U.S.C. 552a, Privacy Act (PA) requirements."
It says: "(1) Notify the Soldier, in writing, of the proposed adverse action and provide a copy, if not previously provided, of those parts of the findings and recommendations of the inquiry, investigation, or board and the supporting evidence gathered during the proceeding upon which the proposed adverse action is based. This release of information must comply with 5 U.S.C. 552, Freedom of Information Act (FOIA) and 5 U.S.C. 552a, Privacy Act (PA) requirements."
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CPT (Join to see)
I believe the issue is that the investigation has not closed or the commander didn't want to act on the recommendations.
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Did you not elect/select legal counsel? They should be able to get/ see everything.
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When you go to legal you should be provided a copy of the documents. It is usually done this way so you can meet with counsel that can explain the findings.
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CPT (Join to see)
CPT Lawrence Cable - I am not sure if you have your timing right. I just completed a 15-6 recently. Once the investigating officer is appointed, they have to answer the questions in the inquiry. If you are conducting an investigation you don't go up to the person you are investigating and tell them everything that you know. You have to submit the findings and recommendations first. It goes to legal to ensure your investigation is complete. Then the commander may move to use findings in a legal process. If that does occur then the person being investigated will be provided counsel. If they are being questioned, only after being read their rights, they can request counsel before answering.
Another issue here is that a separation is an admin action and not punitive. But he would still have to go to JAG to review the recommendation. It looks like the unit is dragging their feet on this.
Another issue here is that a separation is an admin action and not punitive. But he would still have to go to JAG to review the recommendation. It looks like the unit is dragging their feet on this.
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CPT Lawrence Cable
CPT (Join to see) - I do understand that a 15-6 can be conducted without a respondent. But in this case, the SSG definitely fits the definition of Respondent. 15-6 states that at the point in an investigation that a person is considered a respondent, he and his counsel get access to all non classified information.
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CPT (Join to see)
CPT Lawrence Cable - I had to reread this and you are right. Something isn't right. I just dealt with something like this recently. A Soldier had a 15-6 and it was never closed out. We are dealing with it now but if he is getting recommended for separation then he has to go to legal. I have a feeling that legal is going to be interested in this.
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CPT Lawrence Cable
CPT (Join to see) - I've been on the wrong side of this before. In my case, a change of hand receipt inventory on a motor sergeant that I had tried to relieve twice, the last time going straight to the BNCO to get it done. Of course the inventory was bad, and the Investigating Officer went Deep Pockets, so I was on the hook for about 12 grand worth of tools. I suppose I should mention that the investigating officer was the Property Book Officer during most of that period. Luckily I had a paper trail on most of this, but I had to get the Brigade Commander to intervene and put a stop to it.
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