Posted on Jun 4, 2021
If a Commander does a Commander's Inquiry, does the Commander have to release the results of the Inquiry to the SM?
Suspended Profile
4.16K
3
8
Posted in these groups: 71D: Legal SpecialistLegal Officer
Legal Services
270A: Legal AdministratorLegal NCO
Legal Services 270A: Legal AdministratorLegal NCO
Posted >1 y ago
Responses: 3
When I worked in a brigade legal office, any subject of an investigation usually spoke with the Legal Assistance Office or Trial Defense Services and requested a copy of the completed investigation.
When the request was received a Judge Advocate (27A) or the Senior Paralegal (27D) would detail a Paralegal Specialist (27D) to redact an investigation of all PII and certain other information that doesn't relate to the person requesting the copy of the investigation. After the redactions are completed and reviewed the copy would be sent to the requester or their representative, usually TDS.
A field grade officer is automatically notified if anything negative is discovered about them in the investigation given them the opportunity to respond. Others who the command intends to take action against will be notified in short order pending the commanders decision for an article 15, administrative separation, or reprimand.
I would suggest reaching out to your local TDS office and see how they direct you, also if no negative action is being taken against you as a result of the inquiry to make sure your flag is removed.
When the request was received a Judge Advocate (27A) or the Senior Paralegal (27D) would detail a Paralegal Specialist (27D) to redact an investigation of all PII and certain other information that doesn't relate to the person requesting the copy of the investigation. After the redactions are completed and reviewed the copy would be sent to the requester or their representative, usually TDS.
A field grade officer is automatically notified if anything negative is discovered about them in the investigation given them the opportunity to respond. Others who the command intends to take action against will be notified in short order pending the commanders decision for an article 15, administrative separation, or reprimand.
I would suggest reaching out to your local TDS office and see how they direct you, also if no negative action is being taken against you as a result of the inquiry to make sure your flag is removed.
SSG Zachary Kelly Like so many things the answer is, it depends.
And like so many times with "legal" questions here the other response is... go speak with TDS services and or JAG if it's a policy, regulation specific question.
But look at it this way... if an SM is being looked at in commanders inquire for possible illegal activity, and evidence of a crime is found, that SM will "know" the results by way of their NJP or court-martial notification, or the opposite, lack of evidence of a crime and no further action being taken.
And like so many times with "legal" questions here the other response is... go speak with TDS services and or JAG if it's a policy, regulation specific question.
But look at it this way... if an SM is being looked at in commanders inquire for possible illegal activity, and evidence of a crime is found, that SM will "know" the results by way of their NJP or court-martial notification, or the opposite, lack of evidence of a crime and no further action being taken.
Suspended Profile
What if the inquiry is being done based off a command climate survey, will or should be the SM be notified of the results?
SGM Erik Marquez
SSG Zachary Kelly - Nether the MCM or AR 15-6 makes that clear to me. AR 15-6 clearly states "c. Except as provided in subparagraph e, below, when adverse administrative action is contemplated against a Soldier, including one designated as a respondent, based upon information obtained as a result of a preliminary inquiry, administrative investigation, or board of officers conducted pursuant to this regulation, the appropriate military authority must observe the following minimum safeguards before taking final action against the individual:
(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. (See AR 340–21 and AR 25–55 for additional guidance.)
(2) Give the Soldier a reasonable opportunity, no less than 10 days, to reply, in writing, and to submit rebuttal
matters."
But in my reading of AR 15-6 it does NOT clearly state what release of info is required (if any) should the commander's inquiry find not cause for further review or administrative action.
Again, I am not a lawyer, so your best source of specific non-biased info to your question is JAG and or if you have a specific policy / regulation question IG
(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. (See AR 340–21 and AR 25–55 for additional guidance.)
(2) Give the Soldier a reasonable opportunity, no less than 10 days, to reply, in writing, and to submit rebuttal
matters."
But in my reading of AR 15-6 it does NOT clearly state what release of info is required (if any) should the commander's inquiry find not cause for further review or administrative action.
Again, I am not a lawyer, so your best source of specific non-biased info to your question is JAG and or if you have a specific policy / regulation question IG
https://cascom.army.mil/staff/sja/info%20papers/co_inquiry.pdf
Q: WHAT HAPPENS TO THE COMMANDERS INQUIRY ONCE IT’S DONE?
If the Commander finds no fault with the evaluation, then the Commander’s Inquiry is filed locally
and a copy given to the rated individual. The commander will not use the Commander’s Inquiry
provisions to forward information derogatory to the rated individual.
If the report has not yet been forwarded to HQDA and the CDR or commandant and the rating chain
members cannot agree on the need for change in the report, the CDR or commandant will forward
the evaluation report and the results of the inquiry to the appropriate agency. The results of a
Commander’s Inquiry, being forwarded to HQDA, will include findings, conclusions, and
recommendations in a format that can be filed with the report in the OMPF. The results, therefore,
will include the Commander’s signature, should stand alone without reference to the other
documentation, and will be limited to one page.
Q: WHAT HAPPENS TO THE COMMANDERS INQUIRY ONCE IT’S DONE?
If the Commander finds no fault with the evaluation, then the Commander’s Inquiry is filed locally
and a copy given to the rated individual. The commander will not use the Commander’s Inquiry
provisions to forward information derogatory to the rated individual.
If the report has not yet been forwarded to HQDA and the CDR or commandant and the rating chain
members cannot agree on the need for change in the report, the CDR or commandant will forward
the evaluation report and the results of the inquiry to the appropriate agency. The results of a
Commander’s Inquiry, being forwarded to HQDA, will include findings, conclusions, and
recommendations in a format that can be filed with the report in the OMPF. The results, therefore,
will include the Commander’s signature, should stand alone without reference to the other
documentation, and will be limited to one page.
SSG Edward Tilton
It would seem to me there is information that the Commander is prohibited from releasing
Read This Next
Continue with Facebook 
Continue with Google
If nothing has been brought forward then the inquiry may not be finished or the investigated party will need to request it, usually through TDS.
I have seen investigations that stem from a command climate survey though it usually involves the commander, the 1SG/CSM, or their senior staff. Climate survey's can and do initiate inquiries and sometimes full 15-6 investigations. Sometimes nothing is founded and is just the troops moaning, and other times it's very serious.