Lost, Destroyed, or Uncollected Evidence: Reconstructing What Happened and Why It Matters

Independent Military Defense Investigations

Supporting Attorneys, Service Members, and Families

Publication Date: August 24, 2026

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Executive Summary

DI-112 explains how to reconstruct the existence, custody, loss, preservation history, and possible substitutes for missing evidence.

Missing evidence creates questions, not automatic answers.

DI-112 explains how to establish whether evidence existed, who controlled it, when and why it disappeared or went uncollected, and whether another source can serve as an adequate substitute.

The publication distinguishes the military unavailable-evidence rule from constitutional preservation analysis and emphasizes retention policies, audit logs, preservation requests, and a complete chronology.

The objective is to give counsel verified facts concerning central importance, substitutes, preventability, prejudice, and available relief.

Who Should Read This Publication?

Military Defense Counsel

Apply R.C.M. 703 and constitutional standards to verified facts concerning importance, substitutes, preventability, and government conduct.

Defense Investigators

Build the life-cycle timeline, secure policies and logs, identify every custodian, and search systematically for substitute evidence.

Service Members

Understand why potential evidence and preservation concerns must be reported to counsel immediately.

Experts

Assess recovery, system retention, technical loss, comparability, and the limits of substitute evidence.

Families

Preserve original devices and records and provide dates to counsel without altering or independently retrieving evidence.

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.