Command-Directed Investigations (CDIs) can have significant implications for your military career, potentially impacting your reputation, rank, and future within the service. A CDI is often launched without notice and involves a comprehensive investigation into alleged misconduct, policy violations, or performance concerns. At National Security Law Firm, our attorneys understand the complexities of CDIs and the unique challenges they present. With extensive experience in military law, we provide knowledgeable, strategic counsel to protect your rights and ensure a fair process.

What is a Command-Directed Investigation (CDI)?

A Command-Directed Investigation, or CDI, is an internal inquiry initiated by a commanding officer (CO) to gather information about allegations of misconduct, inappropriate behavior, or other policy violations. Unlike other types of investigations, CDIs are specific to military commands and can address a wide range of issues. While CDIs may not always result in disciplinary actions, the findings can lead to administrative measures, such as counseling, a reprimand, or even discharge.

Command-Directed Investigations vs. 15-6 Investigations: What’s the Difference?

While both Command-Directed Investigations (CDIs) and AR 15-6 Investigations are tools used by the military to gather information and address alleged misconduct, they serve different purposes, follow distinct procedures, and have unique outcomes. Understanding these differences can help servicemembers prepare more effectively and know what to expect based on the type of investigation they’re facing. Here’s a breakdown of each investigation type and their key distinctions.

Purpose and Scope

  • Command-Directed Investigations (CDIs): CDIs are initiated by a commanding officer to address concerns about misconduct, policy violations, or performance issues within their unit. They are typically used for fact-finding on issues that may not necessarily rise to the level of criminal conduct but still require investigation. CDIs can be broad in scope and may address a wide range of concerns based on the command’s needs.
  • 15-6 Investigations: AR 15-6 Investigations, authorized under Army Regulation 15-6, are more formal and often used for specific incidents involving serious allegations, such as significant misconduct, major policy violations, or criminal behavior. 15-6 Investigations are often required for situations that may have a substantial impact on a servicemember’s career, reputation, or legal standing, especially if there’s potential for disciplinary actions like separation or court-martial.

Process and Structure

  • CDIs: In a CDI, the commanding officer appoints an Investigating Officer (IO) to conduct the investigation. The IO gathers evidence, interviews witnesses, and prepares findings for the CO’s review. CDIs can vary in their level of formality, depending on the command and the seriousness of the issue being investigated.
  • 15-6 Investigations: 15-6 Investigations follow a more standardized procedure, including a detailed investigation plan, specific documentation requirements, and stricter guidelines for collecting evidence. These investigations often involve multiple stages, including notification, evidence collection, witness interviews, and formal findings. The IO is required to follow Army Regulation 15-6 procedures closely, ensuring consistency and adherence to military standards.

Rights of the Subject

  • CDIs: In a CDI, the subject’s rights vary depending on the nature of the allegations and the command’s guidelines. While the subject has a right to remain silent and to seek legal counsel, there are fewer formal protections compared to a 15-6 Investigation. Legal representation is still highly recommended, as statements made during a CDI can have long-term implications.
  • 15-6 Investigations: Servicemembers involved in a 15-6 Investigation have more established rights, including the right to remain silent, the right to legal counsel, and in some cases, the right to review and rebut evidence presented in the findings. 15-6 Investigations typically offer more procedural protections, making it crucial for the subject to understand and exercise these rights.

Potential Outcomes

  • CDIs: CDIs may result in a variety of administrative actions based on the findings, such as counseling, a formal reprimand, or corrective training. In some cases, the findings may be added to the servicemember’s personnel file, potentially impacting future assignments or promotions. However, CDIs are generally considered less severe than 15-6 Investigations in terms of long-term career impact.
  • 15-6 Investigations: A 15-6 Investigation can lead to more serious consequences, especially if the findings indicate significant misconduct. Outcomes may include formal disciplinary actions, reduction in rank, loss of privileges, and in severe cases, separation from service or referral for court-martial. Due to the potentially severe consequences, servicemembers facing a 15-6 Investigation are strongly advised to seek legal representation.

Examples of When Each Investigation is Used

  • CDIs: A CDI may be used to investigate allegations of unprofessional behavior, such as inappropriate language or minor policy breaches, or to examine performance issues that affect unit cohesion. It’s typically more flexible in scope, focusing on unit-level concerns.
  • 15-6 Investigations: 15-6 Investigations are commonly used in cases involving alleged criminal conduct, severe misconduct, or policy violations with significant repercussions. Examples include allegations of harassment, discrimination, assault, or other actions that could lead to formal charges.

Why Understanding the Difference Matters

Knowing the distinction between a CDI and a 15-6 Investigation can help servicemembers prepare and respond effectively. While both types of investigations require careful navigation, 15-6 Investigations often carry higher stakes and stricter procedures, necessitating thorough preparation and legal representation.

At National Security Law Firm, our experienced attorneys can guide you through either type of investigation, helping you protect your rights, prepare a strong defense, and mitigate the impact on your career. Contact us for a free consultation to discuss your specific situation and get the support you need.

Reasons You May Face a CDI

CDIs can be initiated for a variety of reasons, including:

  • Suspected Misconduct: Allegations of policy violations, inappropriate behavior, or conduct unbecoming.
  • Poor Performance: Consistent failure to meet expected standards or inability to fulfill duties effectively.
  • Policy Violations: Breaches of specific regulations, such as fraternization, harassment, or hazing.
  • Misuse of Military Resources: Suspected improper use of government property, funds, or other resources.
  • Other Command Concerns: A commanding officer may also initiate a CDI to address other matters of concern within the unit, such as safety violations or unprofessional conduct.

Whether the allegations are well-founded or based on misunderstandings, it’s essential to approach a CDI carefully, as the outcome can have far-reaching consequences for your career.

What to Expect During a CDI

The CDI process involves several stages, each of which is critical to the outcome of the investigation:

  1. Notification: In many cases, you may not receive official notification of the investigation’s scope or objectives, as CDIs can vary in formality. However, if you are the subject, you will likely be informed of the investigation and asked to cooperate.
  2. Appointment of an Investigating Officer (IO): The commanding officer assigns an IO, who is responsible for gathering evidence, conducting interviews, and ultimately providing findings and recommendations to the command.
  3. Evidence Collection and Interviews: The IO collects relevant documents, reviews records, and interviews witnesses, including you if you are the subject of the investigation. The IO may ask you to provide a statement, which can significantly impact the findings.
  4. Findings and Recommendations: Based on the collected evidence, the IO submits findings and recommendations to the command. These recommendations could range from taking no action to suggesting administrative measures or disciplinary actions.
  5. Command Decision: The CO reviews the findings and recommendations to determine whether corrective actions are necessary. This decision could involve counseling, a formal reprimand, suspension of privileges, or other administrative actions.

CDI Procedures in Different Branches of the Military: What Servicemembers Should Know

While Command-Directed Investigations (CDIs) are used across all branches of the military, the procedures, protocols, and expectations can vary slightly depending on the branch. Each branch’s approach to CDIs reflects its unique culture, priorities, and administrative guidelines, so understanding these nuances can be invaluable if you’re facing a CDI. Here’s an overview of CDI procedures in the Army, Navy, Air Force, and Marine Corps, and what servicemembers should keep in mind for each.

1. U.S. Army CDI Procedures

The Army conducts CDIs under the authority of the commanding officer (CO) when issues of misconduct, policy violations, or performance concerns arise. Army CDIs are often less formal than AR 15-6 Investigations, though they still require an Investigating Officer (IO) to gather evidence and interview witnesses.

  • What to Know: In the Army, CDIs are often tailored to unit-level issues and may focus on less severe allegations. However, they can still result in administrative actions that affect career progression.
  • Key Tip: Document any communications with the investigating officer and consult an attorney early on, as findings may be added to your personnel record and impact your future assignments.

2. U.S. Navy CDI Procedures

The Navy conducts CDIs under the authority of a command-directed investigation order issued by a senior officer. These investigations can vary in formality, depending on the seriousness of the allegations. Navy CDIs often focus on issues such as unprofessional conduct, misuse of resources, or policy breaches, and are guided by Navy-specific standards.

  • What to Know: Navy CDIs can be more detailed than those in other branches, and findings may be forwarded to senior leadership for review. The Navy places particular emphasis on thorough documentation, so all statements and evidence are carefully reviewed.
  • Key Tip: If you’re the subject of a CDI in the Navy, be mindful of the documentation standards and the chain of command. Engaging a military attorney familiar with Navy procedures can help ensure that your rights are upheld.

3. U.S. Air Force CDI Procedures

In the Air Force, CDIs are initiated to examine suspected misconduct, policy violations, or performance issues within a unit. Air Force CDIs are conducted following specific guidance outlined in Air Force Instruction (AFI) 90-301, which provides detailed protocols for appointing an IO, gathering evidence, and reporting findings.

  • What to Know: The Air Force has structured guidelines for CDIs, including detailed requirements for documenting interviews, witness statements, and evidence. This procedural structure helps ensure consistency but also makes thorough preparation essential.
  • Key Tip: Familiarize yourself with AFI 90-301 and be proactive in gathering supporting evidence. Legal representation is highly recommended to help navigate the Air Force’s more formalized CDI procedures.

4. U.S. Marine Corps CDI Procedures

In the Marine Corps, CDIs are used to investigate various levels of misconduct or issues affecting unit integrity and morale. While Marine Corps CDIs may vary in scope, they often focus on adherence to the Marine Corps’ core values and expectations of discipline. The command appoints an IO to gather evidence and report findings, similar to other branches.

  • What to Know: Marine Corps CDIs are often guided by an emphasis on discipline and adherence to the Marine Corps’ standards. Findings from a CDI may carry weight in unit morale and future assignments, even if they don’t result in formal discipline.
  • Key Tip: Maintain a professional demeanor throughout the investigation, as the Marine Corps places particular emphasis on respect for the chain of command. Consult an attorney to ensure that your rights are protected and that the investigation is conducted fairly.

Common Themes Across Branches

Despite the procedural differences, all branches have a few key elements in common:

  • Investigating Officer (IO): An IO is appointed in each CDI to lead the investigation, interview witnesses, and compile findings.
  • Documentation and Evidence: CDIs in all branches rely heavily on documentation and evidence, so organizing supporting materials is essential.
  • Potential for Administrative Action: While not all CDIs result in disciplinary actions, adverse findings can still impact future assignments, promotions, or evaluations.

Potential Consequences of a CDI

The outcome of a CDI can have serious implications for your military career. Possible consequences include:

  • Administrative Actions: These may include counseling, written reprimands, or corrective training.
  • Career Impact: CDIs often result in documentation in your personnel file, which can affect future assignments, promotions, or re-enlistment.
  • Loss of Rank or Privileges: For more severe cases, recommendations for rank reduction or restriction of certain privileges may follow.
  • Separation from Service: In the most serious cases, the command may recommend separation from the military, especially if the findings indicate conduct incompatible with service standards.

While CDIs may not carry the same criminal consequences as a court-martial, their impact on your career can be lasting and significant.

How to Build a Strong Defense in a CDI: Key Evidence and Documentation

When you’re the subject of a Command-Directed Investigation (CDI), building a strong defense is essential to protecting your career and reputation. CDIs rely heavily on the evidence and documentation collected during the investigation, and proactively gathering key materials can help shape the outcome in your favor. Here are the crucial types of evidence and documentation to assemble for a strong CDI defense.

1. Performance Evaluations and Service Records

Performance evaluations and service records can demonstrate your track record, achievements, and dedication to military standards. Consistently strong evaluations can counterbalance allegations and show that your past performance aligns with high standards.

  • Why It Matters: High-performance ratings can reinforce your professionalism, dependability, and integrity. Even if the CDI concerns recent issues, a history of positive evaluations can suggest that the allegations are inconsistent with your typical conduct.
  • Tip: Gather all relevant evaluations and service records, especially those that highlight awards, recognitions, and commendations.

2. Character References and Letters of Support

Support from peers, supervisors, and subordinates can be invaluable in a CDI. Character references provide an outside perspective on your reliability, ethics, and contributions to the team. These statements are particularly impactful if the writers have witnessed your professionalism and dedication firsthand.

  • Why It Matters: Character references can humanize your case and lend credibility to your defense, showing that others regard you as a valuable and respected member of the military.
  • Tip: Seek references from individuals who can speak specifically about your character and work ethic, such as colleagues, mentors, or leaders who are well-acquainted with your contributions.

3. Documentation of Relevant Events or Incidents

If the CDI revolves around specific incidents or behaviors, gathering documentation that clarifies or provides context to these events is essential. This could include emails, texts, official memos, or incident reports that shed light on the situation and provide a balanced view.

  • Why It Matters: Clear documentation of events can counter misunderstandings or inaccuracies in the allegations. By providing a factual record of what happened, you may be able to clarify your actions or intentions.
  • Tip: Work with your attorney to identify relevant documents and organize them chronologically for clarity.

4. Witness Statements

Witnesses who have firsthand knowledge of the events under investigation can provide valuable insights that support your account. Witnesses can clarify details, provide context, and reinforce your version of events, making their statements critical to building a strong defense.

  • Why It Matters: Witnesses can corroborate your actions, dispel misunderstandings, or provide alternative perspectives that strengthen your defense.
  • Tip: Avoid speaking directly to potential witnesses until you’ve consulted with your attorney. They can help prepare witnesses to ensure that their statements are presented accurately and effectively.

5. Training and Certifications

If the investigation involves allegations of poor performance or misconduct in specific roles, providing proof of relevant training and certifications can bolster your defense. These documents can demonstrate that you were qualified and prepared to fulfill your duties and that any alleged incidents may have been misinterpreted or overemphasized.

  • Why It Matters: Demonstrating that you were trained and certified for your role can help dispel claims of incompetence or recklessness, reinforcing your commitment to following procedures and maintaining standards.
  • Tip: Collect certificates, training records, and other documentation that reflect your skills and commitment to maintaining proficiency in your duties.

6. Records of Past Disciplinary Actions (If Relevant)

If you’ve been disciplined in the past, understanding how this record may impact your current CDI is essential. Gathering documentation that addresses past issues—such as records showing corrective actions, improved evaluations, or counseling records—can show the command that you have successfully resolved prior challenges.

  • Why It Matters: Proactively addressing past issues shows a willingness to improve and learn, which can mitigate the impact of prior disciplinary history.
  • Tip: Include documentation of corrective actions, improved evaluations, and any relevant statements from superiors that acknowledge your progress.

Key Steps to Take if You’re the Subject of a CDI

If you’re notified that you’re the subject of a Command-Directed Investigation (CDI), it’s essential to approach the situation carefully and strategically. Taking the right steps from the outset can make a significant difference in the investigation’s outcome and protect your career. Here’s what you should do if you find yourself the subject of a CDI:

1. Consult with an Experienced Military Defense Attorney

Your first step should be to secure legal representation. An attorney with expertise in military law, like those at National Security Law Firm, can help you understand your rights, prepare a strong defense, and protect you against any potential missteps. It’s crucial to consult with an attorney before making any statements to the investigating officer.

  • Tip: Schedule a consultation as soon as possible to review the specifics of your case, even if you believe the allegations are minor or unfounded. An experienced attorney can offer valuable insights and help you avoid common mistakes.

2. Understand Your Rights

As the subject of a CDI, you have specific rights, including the right to remain silent and the right to legal representation. You do not have to provide a statement immediately, and you are not required to answer questions that may be self-incriminating.

  • Tip: Before speaking to anyone about the investigation, including colleagues or friends, consult your attorney to ensure your rights are fully protected.

3. Gather Supporting Documentation

Compile any documents, records, or correspondence that may support your defense. This can include performance evaluations, character references, and other evidence that highlights your professional history, achievements, and adherence to military standards.

  • Tip: Organize these documents clearly so your attorney can review and incorporate them into your defense strategy.

4. Identify Potential Witnesses

Witnesses who can vouch for your character, professionalism, or the facts surrounding the allegations may play an essential role in your defense. Begin identifying people who could provide relevant information, but do not ask them to make statements until you’ve consulted with your attorney.

  • Tip: Let your attorney handle any witness preparation to ensure that statements are accurate, relevant, and presented effectively.

5. Prepare for Potential Interviews

You may be asked to provide a statement or attend an interview with the investigating officer (IO). Your attorney will help you prepare for this, advising you on how to answer questions, what information to avoid disclosing, and how to respond without unintentionally harming your position.

  • Tip: Practice responding to potential questions with your attorney to ensure that your statements are consistent, concise, and aligned with your defense.

6. Maintain Professionalism and Discretion

The outcome of a CDI can depend not only on the facts of the case but also on your behavior during the investigation. Remaining calm, professional, and cooperative can reflect positively on you, whereas venting frustrations or discussing the investigation with others could complicate your defense.

  • Tip: Avoid discussing the CDI openly, as casual comments could be misinterpreted and potentially used against you. Keep details of the investigation between you and your attorney.

By taking these steps, you can approach a CDI with a clear strategy and the guidance of experienced counsel. At National Security Law Firm, our attorneys work closely with servicemembers to protect their rights, prepare a comprehensive defense, and navigate the CDI process for the best possible outcome.

How National Security Law Firm Can Help You During a CDI

Expert Guidance at Every Step

Facing a CDI without knowledgeable counsel can be risky. Our experienced attorneys at National Security Law Firm provide step-by-step guidance to ensure that your rights are protected. We help you navigate the investigation, prepare statements, and identify documentation that supports your position.

Strategic Preparation and Defense

Building a strong case requires strategic planning. We work with you to gather relevant documents, prepare witness statements, and review your service record to highlight your dedication and performance. With a thorough understanding of military regulations, we craft a defense that emphasizes your strengths and addresses the command’s concerns.

Protecting Your Career and Reputation

Our attorneys understand the lasting impact that CDI findings can have on your career. We work to minimize adverse findings, advocate for fair treatment, and, where possible, challenge inaccuracies or biases in the investigation. Our goal is to safeguard your reputation, protect your rank, and preserve your career within the military.

Frequently Asked Questions About CDIs

Q: Can I refuse to participate in a CDI?
A: Refusal to cooperate could be viewed unfavorably by your command, potentially impacting the outcome. However, it’s crucial to consult an attorney before answering any questions or making a statement to ensure your rights are protected.

Q: How long does a CDI typically last?
A: The timeline for a CDI varies depending on the scope and complexity of the case. Some investigations may last only a few weeks, while others could extend over several months. Your attorney can help you understand the expected timeline based on the specifics of your case.

Q: Will the CDI findings be included in my permanent record?
A: In many cases, CDI findings are documented in your personnel file, which could impact future career opportunities. Working with an attorney to present a strong defense can help reduce the risk of negative findings that could impact your record.

Q: Can a CDI lead to criminal charges?
A: While a CDI is not a criminal investigation, evidence discovered during the investigation could potentially lead to criminal charges under the UCMJ if misconduct is serious enough. It’s crucial to have legal counsel who understands both administrative and criminal implications to protect your interests.

Why Choose National Security Law Firm?

Navigating a CDI is complex, but with a well-prepared defense, you can shape the narrative and protect your career. At National Security Law Firm, our attorneys work with you to identify and organize key evidence, prepare witness statements, and create a cohesive defense strategy. By focusing on relevant documentation and leveraging our expertise in military law, we ensure that your defense is as strong and comprehensive as possible.

At National Security Law Firm, we know how challenging and stressful CDIs can be. With our extensive experience in military law, we offer servicemembers the support, guidance, and defense they need to navigate a CDI successfully. Here’s why servicemembers choose us:

  • Dedicated Military Law Experience: Our attorneys have years of experience handling CDIs and other military investigations, giving us the insight needed to defend your career effectively.
  • Strategic Approach: We build comprehensive defense strategies that address every aspect of the investigation, from document preparation to witness testimony and evidence review.
  • Nationwide Representation: We proudly serve servicemembers nationwide, providing reliable, expert counsel wherever you’re stationed.
  • Flexible Payment Options: With financing options available, we make high-quality legal representation accessible, allowing you to spread payments over 3 to 24 months.

For a free consultation to discuss your CDI case, contact us today at 202-600-4996 or book online. Read our Google reviews to see how we’ve helped servicemembers protect their careers—and let us fight for yours.