Military Defense Investigation Knowledge Base

Military Defense Investigation Authority Publication

Authority Publication No. DI-001

UCMJ Investigations - The Genesis

Independent Military Defense Investigations

Supporting Attorneys, Investigators, Service Members, and Families

Publication Date: August 30, 2026

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Executive Summary

A military investigation may begin long before a service member is formally notified or called in for questioning. Witnesses may already have been interviewed, digital information may have been collected, and an investigative theory may already be influencing how the evidence is interpreted. At the same time, information needed by the defense may be disappearing through routine deletion, changing memories, device replacement, or the failure to preserve records promptly.

Authority Publication DI-001, UCMJ Investigations: The Genesis, is the starting point for understanding that process. It explains why a UCMJ matter should be viewed as a journey through a complex system—not as a single interview, report, hearing, or trial. The publication introduces the respective roles of military defense counsel, independent defense investigators, service members, experts, and families in developing a reliable factual foundation.

The government’s investigative file is important, but it may not contain every witness, record, contradiction, alternative explanation, or piece of contextual evidence needed by the defense. An independent military defense investigation tests the existing account without assuming the answer. It preserves evidence, reconstructs timelines, compares statements with objective sources, identifies missing information, and reports both favorable and unfavorable findings so counsel can make informed strategic decisions.

The Authority Papers series also provides a practical roadmap for the beginning of the defense journey: stabilize the situation, preserve time-sensitive evidence, map the allegations, build a source-based chronology, test every account, investigate reasonable alternatives, report findings candidly, and reassess priorities as new evidence develops.

This publication, along with real-world case examples and authoritative references, establishes the foundation for the complete UCMJ Investigations Authority Publication series. It gives defense professionals, service members, experts, and families a shared vocabulary for recognizing investigative risks, avoiding preventable mistakes, and moving forward with qualified counsel and the strongest factual record available.

Who Should Read This Publication?

Military Defense Counsel

Military defense counsel should read DI-001 to understand how early, independent fact development can support legal analysis and case strategy. The publication identifies investigative questions that may reveal missing witnesses, incomplete timelines, unpreserved evidence, unsupported assumptions, and technical issues requiring expert review. It also reinforces the essential division of responsibility: counsel controls legal strategy while the investigator develops and tests the factual record.

Defense Investigators

Defense investigators should use this publication as the foundational standard for a disciplined, objective military defense investigation. It emphasizes preservation, source-based chronology, careful witness development, comparison of statements with objective evidence, testing of alternative explanations, and candid reporting of both helpful and difficult findings. The objective is a reliable record for counsel—not confirmation of a predetermined theory.

Service Members

Service members who are under investigation, facing command action, or preparing for a possible Article 32 hearing or court-martial should read DI-001 at the beginning of the process. It explains why the investigation may already be underway, why immediate efforts to explain or correct the situation can create additional risk, and why potentially relevant evidence should be preserved. Service members should understand that qualified counsel must guide decisions concerning questioning, consent, disclosure, witness contact, and case communications.

Experts

Medical, forensic, psychological, digital, financial, scientific, and other experts should read DI-001 to understand how their specialized work fits within the larger defense investigation. The publication helps distinguish investigative fact development from expert interpretation and explains why technical issues must be identified early enough to preserve necessary evidence, obtain complete source materials, and give the expert a reliable foundation for analysis.

Families

Families should read this publication to understand the system their loved one is entering and how they can provide meaningful support without unintentionally damaging the defense. Families can help preserve records, organize documents, reconstruct dates, maintain stability, and communicate important information privately to counsel. They should avoid contacting witnesses, coordinating accounts, deleting information, confronting an accuser, or discussing the case publicly or on social media.

Companion Video

This companion video expands on the investigative concepts presented in this Authority Publication through additional explanation, practical examples, and professional investigative insight.

About Michael West

The investigative guidance presented throughout these Authority Publications is based upon decades of professional experience conducting military, federal, criminal, civil, and private investigations. The principles discussed in these publications are drawn from real investigative work involving complex cases, witness development, evidence analysis, and factual case preparation.

Michael West has served as a Special Agent with the United States Air Force Office of Special Investigations (AFOSI) and the Department of Defense Inspector General, conducted federal background investigations, and spent decades working as a licensed private investigator supporting attorneys, businesses, service members, and private clients. Throughout his career, his work has focused on identifying facts, locating witnesses, analyzing evidence, and strengthening the factual foundation of legal cases through independent investigation.

The Military Defense Investigation Knowledge Base was created to share that investigative experience in a practical, understandable format. Its purpose is to help attorneys, service members, and families better understand the investigative process, ask more informed questions, and recognize opportunities where independent investigation may strengthen the defense.

Important Information

This Authority Publication is provided for educational and informational purposes and is intended to help readers better understand military defense investigations and the investigative process. It is based upon professional investigative experience and is designed to provide practical investigative insight rather than legal advice.

Every military case is unique. The investigative strategies, factual issues, and legal considerations applicable to one case may not apply to another. Readers should consult with a qualified attorney regarding legal rights, legal strategy, and decisions involving their individual circumstances.

Nothing contained in this publication should be interpreted as creating an attorney-client relationship or an investigator-client relationship. References to investigative techniques, procedures, or case examples are provided solely to illustrate investigative principles and should not be considered legal guidance.

Effective military defense is strengthened by informed legal representation supported by thorough factual investigation. The purpose of these Authority Publications is to help readers better understand that investigative process so they can communicate more effectively with qualified legal counsel and make informed decisions throughout the military justice process.

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