The inspector general system

Army Lawyer, July-August, 2003 by Craig A. Meredith

Army lawyers should also note that they may be required to serve as witnesses in IG investigations. Discussions between SJAs and commanders are often crucial to the resolution of IG complaints against senior officials. Because the Army is the SJA's client, communications between a commander and an SJA may be disclosed to the commander's superiors and to IG investigators appointed by the commander's superiors. (65) Staff judge advocates may not serve as personal legal advisors to commanders who come under investigation without the approval of The Judge Advocate General. (66)

Conclusion

With this background information in mind, what advice do you give the IG concerning the driver's complaint that the 55th Division Chief of Staff reprimanded him for disloyalty and reassigned him for making a complaint to the IG? Based upon your knowledge of AR 20-1, you know that IGs are confidential and impartial fact-finders for their commanders, and that they are able to handle highly sensitive complaints like this one discreetly. You are now able to assist the IG in drafting a four-part IG allegation, using the MWPA as the standard. You realize that the outcome of the investigation could be recorded in an IG database for thirty years, and reported during personnel suitability screenings. You know that neither you nor the SJA should provide personal legal advice to the Chief of Staff because the Army is your client. You are ready to advise the IG. Remembering that the DAIG Investigations Division handles all complaints involving senior officials, and that the Chief of Staff is now promotable to brigadier general, you advise the IG to send the complaint to the Investigations Division at DAIG and take no further action.

(1.) Before assignment as Deputy Legal Advisor to The Inspector General, the author was assigned to the Investigations Branch, Administrative Law Division, Office of The Judge Advocate General. Investigations Branch attorneys are co-located with the United States Army Inspector General Agency (DAIG), Investigations Division, and provide advice concerning senior official investigations.

(2.) U.S. DEP'T OF ARMY, REG. 20-1, INSPECTOR GENERAL ACTIVITIES AND PROCEDURES (29 Mar. 2002) [hereinafter AR 20-1].

(3.) 10 U.S.C. [section] 3014 (2000).

(4.) Id. [section] 3020; see also AR 20-1, supra note 2, para. 1-4a(1) ("The Inspector General will--Inquire into and periodically report on the discipline, efficiency, economy, morale, training, and readiness throughout the Army, to the Secretary of the Army (SA) and the Chief of Staff, Army (CSA).").

(5.) U.S. Army Inspector General Agency, IG Systems, at http://www.public.ignet.army.mil/IG_systems.htm (last visited Feb. 12, 2003).

(6.) U.S. Dep't of Army, Inspector General, No Gun Ri Review (Jan. 2001), at http://www.army.mil/nogunri/ (last visited Feb. 5, 2003).

(7.) With one exception, Investigation Division Reports of Investigation (ROI) are not available for public review in their entirety. An investigation of allegations made against senior Corps of Engineers personnel concerning a Mississippi River construction study is available at the Office of Special Counsel Reading Room. U.S. Dep't of Army, Inspector General, ROI Case 00-019, at http://www.osc.gov/armyroi.htm (last visited Feb. 12, 2003).