Article 31(b) Rights Warnings: Determining Who Had to Warn, When, and Why

Independent Military Defense Investigations

Supporting Attorneys, Service Members, and Families

Publication Date: August 24, 2026

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Executive Summary

DI-106 explains how to preserve the people, purpose, timing, warnings, waiver, and pressure facts counsel needs to evaluate Article 31(b) questioning.

A meeting described as routine can still have an investigative or disciplinary purpose.

DI-106 explains how to reconstruct the questioner’s status, the service member’s status, when suspicion focused, the suspected offense, the purpose and setting of questioning, the warnings given, and any waiver or invocation.

The publication emphasizes original recordings, advisement forms, notes, tasking messages, custody facts, command relationships, and the sequence of later statements. Labels do not replace evidence.

The objective is a precise chronology that allows qualified counsel to evaluate Article 31(b), M.R.E. 305, admissibility, and any appropriate remedy.

Who Should Read This Publication?

Military Defense Counsel

Apply Article 31 and M.R.E. 305 to a documented chronology of suspicion, purpose, warnings, waiver, invocation, custody, and later statements.

Defense Investigators

Obtain original recordings and forms, map every questioner’s status and tasking, and report exact words and sequence without deciding admissibility.

Service Members

Understand why informal, supervisory, or “routine” questions can matter and why statements, warnings, and requests for counsel should be documented promptly.

Experts

Address narrowly defined recording, linguistic, cognitive, or digital-authentication issues without offering the ultimate legal conclusion.

Families

Preserve messages, calendars, notices, and contemporaneous accounts, but avoid interviewing participants or circulating statements independently.

Download the Official Authority Publication (PDF)

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.