1. References.
See references enclosed.
2. Purpose.
This directive updates Army regulatory requirements for investigation processing, collateral personnel actions, and associated training requirements, including Army Regulation (AR) 15–6, AR 20–1, and AR 600–8–2.
3. Applicability.
This directive applies to the Regular Army, U.S. Army National Guard/Army National Guard of the United States, and U.S. Army Reserve.
4. Policy.
The provisions of this directive are effective 30 days from the date of signature.
Proponents of ARs identified in paragraph 5 of this directive retain authority to approve exceptions to any requirement of this directive.
a.
The following definition applies to AR 15–6, AR 20–1, and AR 600–8–2:
“Credible evidence/information” is:
“evidence of attributable or corroborated information, in any form, disclosed to or obtained by an Appointing Authority or Investigative Authority that—considering the original source, the nature of the information, and the totality of the circumstances—is sufficient to raise a question of fact that would cause a reasonable Appointing Authority or Investigative Authority under similar circumstances to inquire further. Information may be credible, even though not initially supported by a preponderance of the evidence. However, to be credible, the information must be based on more than mere speculation and not clearly contradicted by known and material facts. To be attributable, the Appointing Authority or Investigative Authority must be able to authenticate the evidence or information. To be actionable, the original source(s) of information should be reasonably valid or verifiable.”
b.
The following definition applies to AR 15–6, AR 20–1, and AR 600–8–2:
A “subject” is a person about whom some credible evidence exists to believe that the person is involved in an incident or event under investigation in such a way that disciplinary or administrative action may follow, the person’s rights or privileges may be adversely affected, or the person’s reputation or professional standing may be jeopardized.
Although subject and suspect are often used interchangeably, the subject of an investigation may not be suspected of violating a criminal law, but rather failure to comply with a duty, obligation, regulation, or other requirement that could result in adverse administrative action.
c.
The following sentence is added to AR 20–1, paragraphs 6–2a and 7–1a:
Inspectors General will not refer complaints without first making a determination that the complaint is supported by some actionable or credible evidence/information and warrants further investigation.
d.
Limited waiver authority to investigation flagging requirements in AR 600–8–2 is added for investigations and subjects with no nexus to a “covered offense” as defined in AR 27–10.
The following paragraph is added to AR 600–8–2:
3–3. Limited Waiver Authority.
Commanders with at least Special Courts-Martial Convening Authority (SPCMCA) may override the prohibition on any favorable personnel action prohibited by paragraph 3–1 for a Soldier under their SPCMCA except for actions that would result in a voluntary unqualified resignation, retirement, or discharge as defined in paragraph 3–1h or in any case that involves an investigation of a Soldier who is the subject of an alleged “covered offense” as defined in AR 27–10.
The SPCMCA may delegate Limited Waiver Authority to the first colonel in a command position.
This authority may not be further delegated.
5. Proponent.
The Assistant Secretary of the Army (Manpower and Reserve Affairs) has oversight responsibility for this policy.
Proponents will incorporate its provisions into ARs within 2 years of the date of this directive as follows:
a.
The Judge Advocate General will update AR 15–6.
b.
The Inspector General will update AR 20–1.
c.
The Deputy Chief of Staff, G-1 will update AR 600–8–2.
6. Duration.
This directive is rescinded on publication of the revised regulations.
Dan Driscoll
DISTRIBUTION
- Principal Officials of Headquarters, Department of the Army
- Commander
- U.S. Army Forces Command
- U.S. Army Training and Doctrine Command
- U.S. Army Materiel Command
- U.S. Army Futures Command
- U.S. Army Pacific
- U.S. Army Europe and Africa
- U.S. Army Central
- U.S. Army North
- U.S. Army South
- U.S. Army Special Operations Command
- Military Surface Deployment and Distribution Command
- U.S. Army Space and Missile Defense Command/Army Strategic Command
- U.S. Army Cyber Command
- U.S. Army Medical Command
- U.S. Army Intelligence and Security Command
- U.S. Army Corps of Engineers
- U.S. Army Military District of Washington
- U.S. Army Test and Evaluation Command
- U.S. Army Human Resources Command
- U.S. Army Corrections Command
- U.S. Army Recruiting Command
- Superintendent, U.S. Military Academy
- Commandant, U.S. Army War College
- Director, U.S. Army Civilian Human Resources Agency
- Executive Director, Military Postal Service Agency
- Director, U.S. Army Criminal Investigation Division
- Director, Civilian Protection Center of Excellence
- Director, U.S. Army Joint Counter-Small Unmanned Aircraft Systems Office
- Superintendent, Arlington National Cemetery
- Director, U.S. Army Acquisition Support Center
CF
- Principal Cyber Advisor
- Commander, Eighth Army
REFERENCES
a.
Title 10, United States Code, section 615 (Information furnished to selection boards)
b.
Title 10, United States Code, section 14107 (Information furnished by the Secretary concerned to promotion boards)
c.
Department of Defense (DoD) Instruction 1320.04 (Military Officer Actions Requiring Presidential, Secretary of Defense, or Under Secretary of Defense for Personnel and Readiness Approval or Senate Confirmation), 3 January 2014, incorporating Change 1, effective 30 June 2020
d.
DoD Instruction 1320.14 (DoD Commissioned Officer Promotion Program Procedures), 16 December 2020
e.
Chief National Guard Bureau Manual 0400.01A (National Guard Complex Administrative Investigations Procedures), 16 May 2018
f.
Army Regulation (AR) 15–6 (Procedures for Administrative Investigations and Boards of Officers), 1 April 2016
g.
AR 20–1 (Inspector General Activities and Procedures), 23 March 2020
h.
AR 27–10 (Military Justice), 8 January 2025
i.
AR 135–155 (Promotion of Commissioned Officers and Warrant Officers), 12 February 2025
j.
AR 600–8–2 (Suspension of Favorable Personnel Actions (Flag)), 5 April 2021
k.
AR 600–8–29 (Officer Promotions)