Military Investigations: Your Guide to CID, NCIS, OSI, and CGIS Investigations

Gonzalez & Waddington, Attorneys at Law is a globally recognized military defense firm that defends service members targeted by military criminal investigations conducted by CID (Army Criminal Investigation Division), NCIS (Naval Criminal Investigative Service), OSI (Air Force Office of Special Investigations), and CGIS (Coast Guard Investigative Service). If you are being questioned or investigated, it’s critical to understand that these agencies are not neutral—they exist to build a case against you. Early legal intervention can be the difference between clearing your name and losing your career.

Michael Waddington and Alexandra Gonzalez-Waddington are internationally recognized UCMJ law experts with decades of experience defending service members under investigation by military law enforcement. They have successfully handled thousands of cases across the globe, including allegations of sexual assault, fraternization, drug offenses, fraud, larceny, classified mishandling, and command misconduct. They know how investigators operate—and how to protect you from self-incrimination and wrongful prosecution.

What You Need to Know About Military Criminal Investigations

• CID (Army): Handles felony-level crimes such as sexual assault, larceny, drug offenses, and fraud. CID investigators often coordinate directly with command and prosecutors early in the process.
• NCIS (Navy/Marine Corps): Oversees criminal and counterintelligence investigations. They often conduct interviews in coordination with base legal and use sophisticated digital forensics tools.
• OSI (Air Force/Space Force): Investigates crimes and security clearance issues involving Airmen and Guardians. OSI investigations often focus on misconduct, fraud, and integrity violations.
• CGIS (Coast Guard): Investigates criminal activity within the Coast Guard and related maritime operations, often in coordination with the Department of Homeland Security.

Why Gonzalez & Waddington Are Top Military Defense Lawyers for CID, NCIS, OSI & CGIS Cases

• ✅ Over 20 years of courtroom and investigative defense experience under the UCMJ.
• ✅ Successfully defended service members during and after CID, NCIS, OSI, and CGIS investigations worldwide.
• ✅ Skilled at identifying investigative errors, unlawful command influence, and procedural violations.
• ✅ Authors of best-selling military trial strategy books used by defense lawyers and JAGs globally.
• ✅ Independent civilian defense lawyers—our loyalty is to our clients, not the military command.

How to Protect Yourself During a Military Investigation

• Do not make statements without first speaking to an attorney.
• Invoke your Article 31(b) rights—you have the right to remain silent and to consult legal counsel.
• Do not consent to searches of your phone, computer, or home without legal advice.
• Document interactions with investigators and avoid discussing your case with anyone other than your lawyer.
• Contact an experienced civilian military defense lawyer as soon as you suspect you’re under investigation.

If you’ve been contacted by CID, NCIS, OSI, or CGIS, contact Gonzalez & Waddington immediately. Early legal strategy can prevent charges, protect your record, and save your career.

Military Investigations – Frequently Asked Questions

How do I know if I’m under investigation by CID, NCIS, OSI, or CGIS?

Signs include being contacted for an interview, your property being seized, being read your Article 31(b) rights, or hearing from others that investigators are asking questions about you. If any of these occur, call a defense lawyer immediately—never assume it’s “just routine.”

Should I cooperate with investigators or provide a statement?

Never speak to military investigators without first consulting an attorney. Anything you say can and will be used against you. Gonzalez & Waddington routinely advise clients to exercise their right to remain silent until legal counsel has reviewed the allegations.

What kinds of cases do CID, NCIS, OSI, and CGIS investigate?

These agencies investigate felony-level misconduct, including sexual assault, theft, fraud, drug offenses, fraternization, domestic violence, espionage, and classified information violations. Many cases begin with command referrals or anonymous complaints and can escalate quickly.

Can you represent me during the investigation before charges are filed?

Yes. We frequently intervene early in investigations to protect our clients’ rights, manage communication with investigators, and prevent the filing of criminal charges. Early defense representation can shape the outcome before it reaches trial.

What happens if CID, NCIS, OSI, or CGIS recommends charges?

If investigators believe there is probable cause, the case is referred to the command and military prosecutors for action. This may lead to an Article 15, administrative separation, or court-martial. Having experienced civilian counsel early allows you to prepare your defense and counter the narrative before referral.

Why hire Gonzalez & Waddington instead of relying solely on a military JAG?

Military JAGs are capable but often restricted by the system. As independent civilian defense lawyers, Gonzalez & Waddington focus 100% on your defense, bringing global courtroom experience, deep UCMJ expertise, and the freedom to fight aggressively for your rights.

Military Investigations: Your Guide to CID, NCIS, OSI, CGIS Investigations

Being the subject of a military investigation can be one of the most stressful and career-altering events a service member will ever face. Regardless of the type—whether it’s a criminal inquiry by CID, NCIS, or OSI, an administrative fact-finding mission under AR 15-6, or an Equal Opportunity (EO) investigation—each carries significant weight and unique implications. Understanding the purpose, process, and your rights during each type of investigation is paramount to protecting your military career, reputation, and future civilian prospects.

Too often, service members underestimate the long-term impact of even seemingly minor investigations, or they fail to invoke their crucial rights, leading to devastating and irreversible consequences. This guide provides a comprehensive overview of the most common types of military investigations, highlighting their distinctions, common pitfalls, and the non-negotiable need for immediate, expert legal counsel. At Gonzalez & Waddington, we stand ready to aggressively defend service members worldwide against any military investigation.

I. Criminal Investigative Divisions (CDI): CID, NCIS, OSI, CGIS – When a Crime is Suspected

When serious criminal misconduct is suspected within the ranks, the military’s dedicated criminal investigative divisions take the lead. These are specialized law enforcement agencies with broad authority to investigate felonies and major UCMJ violations.

A. What are CDIs? Their Role and Focus

CDIs are the primary criminal investigative arms of each military branch, analogous to the FBI in the civilian world. They are responsible for investigating serious crimes that fall under the Uniform Code of Military Justice (UCMJ).

• CID (Army Criminal Investigation Division): Investigates felony-level crimes involving Army personnel.
• NCIS (Naval Criminal Investigative Service): Investigates felonies and national security crimes involving Navy and Marine Corps personnel.
• OSI (Air Force Office of Special Investigations): Investigates criminal, fraud, and counterintelligence matters for the Air Force and Space Force.
• CGIS (Coast Guard Investigative Service): Investigates major criminal offenses within the Coast Guard.

Their focus is strictly on gathering evidence to establish probable cause that a crime has been committed and to identify the perpetrator. Examples of crimes they investigate include sexual assault, drug offenses, homicide, aggravated assault, larceny, fraud, and espionage.

Military Law Enforcement Websites: 

• Army Criminal Investigation Division (CID)
• Naval Criminal Investigative Service (NCIS)
• Air Force Office of Special Investigations (OSI)
• Coast Guard Investigative Service (CGIS)

B. The CDI Investigation Process

A CDI investigation typically begins when an incident is reported to military law enforcement or the chain of command. The process is thorough and often lengthy, involving:

• Initiation: Triggered by a credible report or suspicion of criminal activity.
• Evidence Collection: Physical evidence (documents, digital data, DNA, fingerprints), forensic analysis, and crime scene processing.
• Witness Interviews: Investigators will interview victims, witnesses, and potentially the suspect (service member).
• Surveillance: In some cases, lawful surveillance or electronic monitoring may be employed.
• Goal: To build a strong investigative file that can be used to recommend a court-martial, nonjudicial punishment (NJP), or administrative action.

C. Your Critical Rights During a CDI Investigation: Invoke Them Immediately!

When you are suspected of a crime by a CDI agent or your chain of command, your rights are paramount. Exercising these rights immediately is the single most important action you can take to protect your future.

• Article 31b, UCMJ (Right to Remain Silent and Right to Counsel): This is the military’s equivalent of Miranda rights. Before any questioning by law enforcement or a commander who suspects you of a crime, you MUST be informed of:
  • Your right to remain silent.
  • That anything you say can and will be used against you.
  • Your right to consult with a lawyer (military or civilian) and to have that lawyer present during questioning.

  How to Invoke: You must make a clear and unequivocal statement that you wish to remain silent and want a lawyer. Ambiguous statements like “Maybe I need a lawyer” are often not enough to stop questioning.

• Right to Counsel: You have the right to a free detailed military defense counsel (often from the Trial Defense Service/JAG Defense Counsel) or to retain your own civilian military defense attorney. It is highly recommended to consult with an attorney before saying anything or making any decisions.
• Right to Refuse Consent to Search: You have the right to refuse to give permission for searches of your person, barracks room, locker, vehicle, phone, computer, or other property unless a warrant or proper authorization is presented by command. Do not consent to any search without first consulting with an attorney.

The danger of talking without legal representation cannot be overstated. CDI agents are highly trained investigators whose sole job is to gather evidence against you. They are not there to help you. Any statement you make, even seemingly innocent ones, can be misconstrued or used to build a case. Your silence cannot be used as evidence of guilt in a court-martial.

II. AR 15-6 Investigations / Commander’s Inquiries – Fact-Finding and Accountability

Not all investigations are criminal. Many are administrative fact-finding inquiries designed to gather information, identify causes, and make recommendations for administrative or disciplinary actions. AR 15-6 (Army Regulation 15-6) is a commonly used framework, but similar administrative investigations exist across all branches.

A. What is an AR 15-6 Investigation? Its Purpose and Scope

An AR 15-6 investigation (or similar administrative inquiry in other services) is a formal, administrative investigation conducted to gather facts and recommend solutions for a specific incident or allegation. It is broader in scope than a criminal investigation and focuses on accountability, efficiency, and adherence to regulations, rather than proving criminal guilt beyond a reasonable doubt.

• Purpose: To determine the facts surrounding an incident, assess accountability, identify causes, and recommend corrective actions or policy changes.
• Scope: Can cover a wide range of issues, including accidents, allegations of negligence, leadership failures, property damage, allegations of misconduct (when not yet formally a criminal matter), or other administrative deficiencies.
• Appointment: An Investigating Officer (IO) is appointed by a commanding officer to conduct the inquiry. The IO typically interviews witnesses, gathers documents, and compiles a report.
• Key Distinction: While criminal investigations seek to prove a crime occurred, an AR 15-6 focuses on establishing facts and finding administrative accountability. However, findings from a 15-6 can (and often do) lead to subsequent criminal charges or adverse administrative actions.

B. The AR 15-6 Process

The process of an AR 15-6 is typically:

• Appointment of IO: A commander appoints an IO and provides terms of reference.
• Evidence Gathering: The IO collects documents, analyzes records, and conducts interviews.
• Witness Interviews: The IO interviews individuals with knowledge of the facts. Depending on your status (witness, subject, or person adversely affected), your rights during an interview can vary.
• Draft Report: The IO drafts a report with findings of fact, opinions (if authorized), and recommendations.
• Review and Rebuttal: If the report contains findings adverse to you, you will have an opportunity to review the relevant portions, comment on them, and submit your own rebuttal evidence or statements. This is a critical stage for influencing the outcome.
• Approval Authority: The report is reviewed by the appointing authority, who makes a final decision on the findings and recommendations.

C. Your Rights During an AR 15-6 Investigation

Your rights during an AR 15-6 are different from those in a criminal investigation. Unless you are “suspected” of a crime and questioned by a CDI agent (in which case Article 31b applies), you do not automatically have full Article 31b rights when speaking to an AR 15-6 IO. However, you still have important protections:

• Right to Counsel: You have the right to consult with a military legal assistance attorney or retain civilian counsel regarding the investigation.
• Right to Remain Silent (Limited): If the IO’s questioning begins to shift towards potential criminal misconduct, you may need to invoke your Article 31b rights. It is crucial to have legal counsel advise you on when to do so.
• Right to Present Evidence: You have the right to provide information, documents, and witness statements that support your position or rebut adverse findings.
• Right to Review and Rebut Adverse Findings: If the IO makes findings that are adverse to you, you have a formal opportunity to review those findings and submit a written rebuttal, explaining your side, correcting inaccuracies, or presenting mitigating information. This rebuttal is critical for influencing the final outcome and potentially preventing administrative actions or negative evaluations (e.g., GOMORs, Unfavorable Information Files).

III. Equal Opportunity (EO) Investigations – Addressing Discrimination and Harassment

Equal Opportunity (EO) investigations are designed to address complaints of unlawful discrimination and harassment within the military environment, ensuring a fair and inclusive workplace for all service members.

A. What is an EO Investigation? Its Purpose and Scope

EO investigations are administrative inquiries that address alleged violations of military EO policy, specifically unlawful discrimination and harassment. These investigations are crucial for maintaining morale, cohesion, and readiness by upholding standards of dignity and respect.

• Purpose: To investigate complaints of discrimination (based on race, color, religion, sex, national origin) or harassment (including sexual harassment, bullying, hazing).
• Scope: Focused on ensuring compliance with EO regulations and creating a safe and respectful environment free from discriminatory practices.

B. The EO Investigation Process

The EO process typically involves:

• Complaint Filing: A service member can file a formal or informal complaint with their Equal Opportunity Advisor (EOA) or chain of command.
• Investigation: An EO professional or an appointed investigating officer will conduct interviews, gather evidence, and review relevant documents.
• Findings and Recommendations: The investigation will conclude with findings of fact and recommendations for corrective action. These actions are often administrative (e.g., counseling, training, reassignment, GOMOR), but if severe enough, the findings could be referred to a CDI for criminal investigation (e.g., sexual harassment escalating to sexual assault).

C. Your Rights During an EO Investigation

If you are the subject of an EO complaint, you have important rights:

• Right to be Informed of the Complaint: You will be notified of the allegations against you.
• Right to Present Evidence and Witnesses: You can provide your side of the story, present supporting documents, and identify witnesses who can speak on your behalf.
• Right to a Spokesperson: You may be permitted to have an officer or senior enlisted member act as your spokesperson.
• Right to Counsel: While not a criminal investigation initially, consulting with legal counsel (military or civilian) is highly advisable to understand the implications, prepare your response, and protect your interests.
• Confidentiality Concerns: EO investigations involve sensitive information, and while efforts are made to protect privacy, discretion is key.

A critical consideration in EO investigations is the potential for allegations to escalate into criminal charges. If an EO investigation uncovers evidence of a serious UCMJ violation (e.g., sexual assault, aggravated assault), the matter may be referred to a CDI, at which point full Article 31b rights would apply.

IV. Key Differences and Overlapping Impacts of Military Investigations

Understanding how these investigations differ in their purpose, legal standards, and service member rights is crucial for an effective defense. It’s also vital to recognize how they can overlap and collectively impact a service member’s career.

A. Purpose and Standard of Proof

Investigation Type	Primary Purpose	Standard of Proof (for Findings/Recommendations)
CDI (CID, NCIS, OSI)	Investigate criminal conduct (felonies/major UCMJ violations)	Probable Cause (for charges) / Beyond a Reasonable Doubt (for court-martial conviction)
AR 15-6 / Commander’s Inquiry	Administrative fact-finding, accountability, recommendations for non-criminal misconduct, accidents, policy violations	Preponderance of the Evidence (more likely than not)
Equal Opportunity (EO)	Investigate discrimination, harassment, ensure policy compliance	Preponderance of the Evidence (more likely than not)

B. Service Member Rights (Most Robust in CDI)

Your rights are generally strongest when you are suspected of a crime and being questioned by a CDI. In AR 15-6 or EO investigations, while you have rights to counsel and to present evidence, the full range of criminal due process rights (like Article 31b) may not apply unless the inquiry shifts to criminal suspicion.

• CDI: Full Article 31b UCMJ rights are mandatory prior to questioning if you are suspected of a crime.
• AR 15-6 / EO: Rights primarily involve notification of allegations, opportunity to respond/rebut, and consultation with counsel. If the investigation discovers criminal misconduct and you are then interrogated as a suspect, Article 31b rights must be provided by the interrogator.

C. Overlapping Outcomes and Escalation Potential

It is critical to recognize that an investigation initiated as administrative (AR 15-6 or EO) can easily escalate into a criminal investigation if criminal misconduct is discovered. For example, an AR 15-6 into an accident might uncover negligence rising to the level of dereliction of duty, or an EO complaint of sexual harassment might reveal evidence of sexual assault. This potential for escalation underscores the need for early and comprehensive legal advice.

Outcomes can include:

• CDI: Referral to court-martial, nonjudicial punishment (NJP/Article 15), administrative separation, General Officer Memorandum of Reprimand (GOMOR), Unfavorable Information File (UIF).
• AR 15-6 / EO: Counseling, training, GOMOR, NJP, administrative separation, officer relief for cause, denial of promotion, or referral to a CDI for criminal charges.

V. The Profound Impact of Any Military Investigation

Regardless of its type or eventual outcome, being the subject of any military investigation can have significant and lasting negative consequences on a service member’s career and civilian life.

A. Career Impact

• Promotion Delays or Denials: Even an open investigation, without charges, can halt promotion opportunities. Adverse findings (e.g., in a 15-6 report) or resulting administrative actions (like GOMORs or UIFs) will severely impact future promotion boards.
• Unfavorable Evaluations: Negative evaluations (NCOERs/OERs) are often mandated following adverse findings or disciplinary actions stemming from investigations, effectively ending career progression.
• Reassignment or Loss of Privileges: Investigations can lead to reassignment, removal from sensitive duties, or loss of special qualifications or privileges.
• Administrative Separation: Findings from an AR 15-6 or EO investigation, or results of a CDI investigation (even without a court-martial), can serve as grounds for involuntary administrative separation from service, leading to a less-than-honorable discharge.

B. Reputation

Allegations and investigations, even if ultimately unfounded, can damage a service member’s standing within their unit, impact trust with their command and peers, and tarnish their reputation for years to come.

C. Security Clearance

Investigations, particularly those conducted by CDIs, raise immediate security concerns. Even if no charges are preferred or a conviction occurs, the existence of an investigation or adverse administrative findings can lead to the suspension, and ultimately, the denial or revocation of a service member’s security clearance. This can be career-ending for many military occupations and future civilian jobs.

D. Mental & Emotional Toll

The uncertainty, stress, anxiety, and potential isolation associated with being under investigation can have a significant negative impact on a service member’s mental and emotional well-being.

VI. Why Immediate Legal Counsel is Non-Negotiable

Given the complexities, overlapping jurisdictions, and severe potential consequences of military investigations, securing immediate and expert legal counsel is not merely advisable; it is absolutely non-negotiable. Self-representation or delayed action can be catastrophic.

A. Protecting Your Rights from Day One

An experienced military defense attorney ensures your constitutional and UCMJ rights are protected from the moment an investigation begins. This includes properly invoking your Article 31b rights, preventing self-incrimination, and guiding you on when and how to interact with investigators.

B. Navigating Complex Procedures

Each type of investigation (CDI, AR 15-6, EO) operates under different rules, standards, and implications. A skilled attorney understands these distinctions, knowing when an administrative inquiry might become criminal, and how to tailor defense strategies accordingly. They ensure all deadlines are met and procedures are correctly followed.

C. Crafting Effective Defenses and Responses

Your attorney will proactively engage in your defense by:

• Gathering Evidence: Conducting an independent investigation to uncover facts, interview witnesses, and collect evidence that supports your case.
• Preparing Responses/Rebuttals: Crafting strong written responses for AR 15-6 or EO complaints, meticulously addressing adverse findings, and presenting compelling mitigating evidence.
• Negotiating with Command: Engaging with the chain of command and legal advisors to explore potential resolutions, such as administrative alternatives to court-martial or reduced charges.
• Mitigating Adverse Findings: Working to minimize the negative impact on your record and prevent escalation to more severe administrative or criminal actions.
• Preparing for Escalation: If a criminal investigation looms or escalates, your attorney will immediately pivot to preparing a robust court-martial defense strategy.

D. The Independence Advantage: Why Civilian Military Defense Counsel Excels

While detailed military counsel (e.g., TDS, ADC) are dedicated, they often face immense caseloads and, by nature of their service, remain within the military system. A civilian military defense attorney from Gonzalez & Waddington offers distinct advantages:

• Absolute Independence: We are beholden only to you, our client. We have no military career to protect, allowing us to aggressively challenge commanders, prosecutors, and investigative agencies without fear of reprisal.
• Specialized Focus: Our firm dedicates its practice exclusively to military law, providing a depth of expertise in all types of investigations that comes from years of focused experience.
• Dedicated Attention: We intentionally limit our caseloads to ensure each client receives the focused, personalized attention and responsive communication required for complex investigations.

VII. Gonzalez & Waddington: Your Unrivaled Defense in Military Investigations

When your military career and future are threatened by any type of investigation—be it a criminal inquiry by CID, NCIS, or OSI, an administrative AR 15-6, or an Equal Opportunity complaint—you need a legal team that understands the stakes and possesses the unwavering commitment to protect you. Gonzalez & Waddington is that unrivaled defense.

Our firm has a proven track record of aggressively defending service members worldwide against all forms of military investigations. We combine deep legal knowledge with battle-tested trial tactics, ensuring your rights are protected from day one. We proactively intervene, meticulously review evidence, tirelessly prepare responses, and fiercely advocate for your best interests, whether it’s preventing charges, mitigating adverse findings, or building a robust court-martial defense.

Conclusion: Your Future Demands Immediate Action When Facing a Military Investigation

Being investigated by the military is never a minor matter. Whether by CID, NCIS, OSI, through an AR 15-6, or an EO inquiry, each type of investigation carries the potential for profound and lasting negative consequences, impacting your career, reputation, benefits, and civilian life. The complexities of military law, the differing rights, and the potential for escalation demand that you act swiftly and strategically.

Do not attempt to navigate the intricate and perilous landscape of a military investigation alone. The decisions you make in the earliest stages—what you say, what you sign, what rights you invoke—can irrevocably determine your future. The only way to ensure your rights are fully protected and that you receive the aggressive defense you deserve is to secure immediate expert legal counsel.

Do not face a military investigation alone. Your career and future demand immediate, aggressive defense.

Contact Gonzalez & Waddington immediately for a confidential consultation.
Call Now: 1-800-921-8607

Military Investigations: 15-6, CDI, EO & More

What to Do When You’re Being Investigated in the Military

What Is a Military Investigation?

A military investigation is an official inquiry into alleged misconduct, regulatory violations, or command climate concerns. These investigations often begin in secret and can destroy careers—even if no charges are filed. If you’re under investigation, assume everything you say or do is being recorded, evaluated, and scrutinized.

Common Types of Investigations

• 15-6 Investigation: Appointed by a commander. Used to investigate alleged misconduct, safety violations, or toxic leadership.
• Command-Directed Investigation (CDI): Informal fact-finding directed by the chain of command.
• Equal Opportunity (EO) Complaint: Investigates discrimination, harassment, or bias based on race, gender, or identity.
• Inspector General (IG) Inquiry: Reviews command-level misconduct or systemic issues.
• Law Enforcement (CID, NCIS, OSI): Formal criminal investigations with interrogation authority and referral power.

Are You a Subject or a Witness?

Always ask: “Am I a subject or a witness?” If you’re a subject, you have rights—and anything you say can be used against you. If you’re a witness, you still have rights, but the risk is lower. Either way, speak with a lawyer before making any statement.

Key Rights You Have

• Right to remain silent under Article 31(b)
• Right to consult with an attorney
• Right to decline a written or verbal statement
• Right to know if you’re the subject of an investigation

What to Do If You’re Being Investigated

• Say nothing—politely but firmly. Don’t try to talk your way out.
• Request a copy of the complaint or allegation if possible
• Begin documenting your version of events immediately
• Identify potential witnesses and gather relevant evidence (texts, emails, photos)
• Call a military or civilian defense attorney experienced in UCMJ cases

Biggest Mistakes to Avoid

• Admitting guilt or “explaining” without legal guidance
• Deleting emails, texts, or social media (can be obstruction)
• Talking to peers or coworkers about the allegations
• Assuming you’ll be treated fairly just because you’re innocent

How These Investigations End

Outcomes vary. Some result in dismissal, while others lead to administrative separation, a GOMOR, or even court-martial charges. Early legal help can often stop the snowball before it turns into a career-ending avalanche.

FAQ – People Also Ask

Should I talk to the investigator?

Not without speaking to a lawyer first. Even “cooperative” statements can be twisted or taken out of context later.

What if I’m innocent?

That doesn’t mean the investigation will go away. You must build a clear, documented defense. Innocence alone is not a defense strategy.

Can I get separated just from an investigation?

Yes. You can be separated for misconduct, substantiated complaints, or even a pattern of behavior—without a conviction.