What is an Article 32 Investigation?

What is an Article 32 Investigation?

• A. A post-trial review of evidence.
• B. A pre-trial investigation to determine probable cause for a crime before a court-martial.
• C. A civilian criminal inquiry.
• D. An administrative inquiry without court involvement.

Answer: (B)

An Article 32 Investigation is a pre-trial inquiry under the Uniform Code of Military Justice to determine whether there is probable cause that a service member committed an offense, and thus whether charges should be referred to a court-martial. An investigating officer, appointed by the convening authority, gathers evidence, interviews witnesses, and may hear the accused’s testimony. The result is a report with findings and a recommendation on whether to proceed to trial. This process is not a trial, does not determine guilt, and it stays within the military justice system, unlike civilian inquiries or purely administrative reviews.

An Article 32 Investigation is a pre-trial inquiry under the Uniform Code of Military Justice to determine whether there is probable cause that a service member committed an offense, and thus whether charges should be referred to a court-martial. An investigating officer, appointed by the convening authority, gathers evidence, interviews witnesses, and may hear the accused’s testimony. The result is a report with findings and a recommendation on whether to proceed to trial. This process is not a trial, does not determine guilt, and it stays within the military justice system, unlike civilian inquiries or purely administrative reviews.