Administrative Investigations - S-1 Procedural Page

Role and responsibility

The convening authority (commander) signs the convening order per JAGINST 5800.7GJAGINST 5800.7G Chapter II section 0206c (Command Investigation), section 0210c (Litigation-Report Investigation), or section 0226 (Preliminary Inquiry into a death). The investigating officer (IO) runs the investigation and produces the report. The S-1 officer signs by direction on the routing of the convening order, the extension requests, the IO report endorsement, and the forwarding letter to the General Court-Martial Convening Authority (GCMCA). The S-1 chief tracks open investigations against the time limits per section 0203e. The unit legal advisor reviews for sufficiency before the convening authority endorses.

Source documents flow from the convening authority direction (suspected misconduct, accident, death, line of duty question, or litigation contemplation), the convening order, the appointed IO record, witness statements, evidence log, photographs and recordings per section 0207b(4), prior counseling, and supporting documents. Investigation outputs include the IO report, the convening authority endorsement per section 0204d, the GCMCA forwarding endorsement per section 0209g(1), the line of duty determination per section 0229d, and the closed investigation file retained per SECNAV M 5210.1 Schedules Cross Walked by Chapter.

Per Chapter II section 0203e, the IO completes within the time limits stated in the convening order or carries an explanation in the IO preliminary statement or the convening authority endorsement. Per section 0204d, the commander endorses every Command Investigation, including investigations closed at the unit level. Per section 0209g(1), all Command Investigations forward to the GCMCA except those meeting the section 0209(f)(1) criteria.

Trigger events

• Suspected misconduct or violation of regulations requiring inquiry.
• Accident, injury, or property damage requiring command-directed investigation.
• Service member death triggering Preliminary Inquiry per section 0226.
• Line of duty question on injury, illness, or death triggering section 0229.
• Litigation contemplation triggering Litigation-Report Investigation per section 0210.
• Inspector General complaint or investigation referral to the unit.
• Equal Opportunity, sexual assault, or sexual harassment allegation requiring administrative inquiry. Two MEO carve-outs apply under MARADMIN 380/26MARADMIN 380/26. A confidential MEO report triggers no command inquiry or investigation outside three exceptions, paragraph 2.c. A commander dismisses a formal MEO complaint without investigation on any of eight grounds after consulting the EOA and the SJA, paragraph 5.a. Confirm the lane before opening an investigation file.
• IGMC Legal Administration FA inspection covers Administrative Investigations.

Processing workflow

1. Receive the convening authority direction. The convening authority (commander) directs the investigation type based on the matter. Per Chapter II section 0203, the matter selection drives Command Investigation, Litigation-Report Investigation, or Preliminary Inquiry path.
2. Draft the convening order. Per section 0206c (Command Investigation), the convening order names the IO, defines the scope, sets the time limit, and lists every required element. Per section 0210c (Litigation-Report Investigation), the convening order states specifically: "This investigation is being convened and your report is being prepared in contemplation of litigation and for the express purpose of assisting attorneys representing the interests of the United States in the matter."
3. Appoint the investigating officer. The convening authority appoints an officer or designated official. The IO holds rank, experience, and impartiality appropriate to the scope.
4. Track the investigation timeline. Per section 0203e, the IO works within the time limits. Standard Command Investigations close in 30 days unless extended.
5. Process extension requests. Per section 0225e, the IO requests extension before the deadline lapses. The convening authority approves with a written reason.
6. Mark photographs and recordings. Per section 0207b(4), the IO marks photographs and video recordings with identification information, time, date, and reference to the investigation. Properly marked exhibits attach to the report.
7. Receive the IO report. The IO submits the report with findings of fact, opinions, and recommendations. Litigation-Report Investigation files mark "FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT" per section 0210f(2).
8. Route the commander endorsement. Per section 0204d, the convening authority endorses every Command Investigation. The endorsement records concur, non-concur, returned for further investigation, or closed at the unit.
9. Forward to the GCMCA. Per section 0209g(1), the commander forwards all Command Investigations to the GCMCA except those meeting section 0209(f)(1) criteria. The GCMCA reviews and acts on the recommendations.
10. Process Preliminary Inquiry on a death. Per section 0226, the commander orders a Preliminary Inquiry into a service member death. The Preliminary Inquiry produces options under section 0204 (close, Command Investigation, Litigation-Report Investigation, or refer).
11. Process line of duty determination. Per section 0229d, a line of duty determination recommendation routes to the first GCMCA in the chain of command with an assigned judge advocate.
12. Retain the investigation file. Per SECNAV M 5210.1, retain the investigation file with all endorsements per the records schedule.

Systems of record and forms

Systems

• Unit Legal File. Holds the convening order, IO report, endorsements, and exhibits.
• GCMCA Legal Office. Holds the forwarded investigation and the GCMCA action.
• Litigation-Report Investigation File. Marked "FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT" per section 0210f(2).

Forms

• Command Investigation Convening Order. Per section 0206c.
• Litigation-Report Investigation Convening Order. Per section 0210c.
• Investigating Officer Appointment Letter. Per the convening order.
• Time Extension Request Memorandum. Per section 0225e.
• Investigation Report and Findings. Format per the type of investigation.
• Convening Authority Endorsement. Per section 0204d.
• GCMCA Forwarding Endorsement. Per section 0209g(1).
• Line of Duty Determination Recommendation. Per section 0229d.

Common pitfalls

• Convening order missing required elements. Per JAGINST 5800.7GJAGINST 5800.7G Chapter II section 0206c, the order names the IO, defines the scope, sets the time limit, and includes the required elements. Missing elements void the convening.
• Investigation past time limit without extension or explanation. Per section 0203e, 0225e, the IO and convening authority document the reason in the IO preliminary statement or the endorsement, or request extension before the deadline.
• Litigation-Report Investigation not marked. Per section 0210f(2), the file marks "FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT". Unmarked files break attorney work product protection.
• Litigation-Report convening order missing the contemplation-of-litigation statement. Per section 0210c(3), the specific statement is required. Without it, the investigation loses attorney work product status.
• Photographs and recordings unmarked. Per section 0207b(4), markings tie exhibits to the investigation.
• Command Investigation not endorsed by the commander. Per section 0204d, the commander endorses every Command Investigation, including unit-closed cases.
• Investigation not forwarded to GCMCA when required. Per section 0209g(1), forwarding runs unless the section 0209(f)(1) exceptions apply.
• Preliminary Inquiry on a death not converted to a Command Investigation when warranted. Per section 0226, the Preliminary Inquiry produces an option under section 0204. A death case warranting further inquiry routes to a Command or Litigation-Report Investigation.
• Line of duty recommendation not routed to the GCMCA with assigned judge advocate. Per section 0229d, the recommendation routes to the first GCMCA with an assigned JA in the chain.

Decision points

• Command Investigation versus Litigation-Report Investigation. Per sections 0206 and 0210, Command Investigation runs the standard inquiry. Litigation-Report Investigation runs in contemplation of litigation and protects attorney work product. The convening authority and the unit legal advisor agree on the type.
• Preliminary Inquiry close-out option. Per section 0226 referring to section 0204, the convening authority closes at the unit, convenes a Command Investigation, convenes a Litigation-Report Investigation, or refers the matter.
• Time extension versus partial findings. Per section 0225e, the IO requests extension before the deadline. The IO submits partial findings when the convening authority directs.
• Forwarding to GCMCA. Per section 0209f(1), narrow exceptions allow closure at the unit. Per section 0209g(1), all other Command Investigations forward to the GCMCA.

Authority

This sub-page sits under JAGINST 5800.7GJAGINST 5800.7G Manual of the Judge Advocate General Chapter II sections 0203 through 0229 covering Convening Authority Action and Timeline (0203), Endorsement and Closure (0204), Command Investigation Convening Order Elements (0206), Photographs and Recordings (0207), Forwarding to GCMCA (0209), Litigation-Report Investigation Procedures (0210), Time Extension Requests (0225), Death Case Preliminary Inquiry (0226), and Line of Duty Determinations (0229). MCO 5800.16MCO 5800.16 Volume 11 covers Marine Corps-level administrative separations and investigations. Volume 12 covers command responsibilities in the provision of legal services. SECNAV M 5210.1 sets records retention. The IGMC Legal Administration FA Checklist items 0401-0411 audit administrative investigation execution.

Related references

• JAGINST 5800.7G Chapter II. Administrative investigations framework.
• MCO 5800.16 Volume 11. Marine Corps admin separations and investigations.
• MCO 5800.16 Volume 12. Command responsibilities.
• SECNAV M 5210.1. Records retention.
• IGMC Legal Administration FA Checklist items 0401-0411. Audit baseline.