The purpose of an Article 32 hearing is to inquire into the truth of the matter set forth in the charges under the UCMJ, to consider the form of the charges, and to secure information to determine what disposition should be made of the case in the interest of justice and discipline. An investigating officer is appointed to conduct the investigation. Usually the investigating officer is not legally trained. Ultimately, the investigating officer will make the final recommendation for whether the case should proceed.
If you are facing charges under UCMJ and an Article 32 investigation, you need to consult with an attorney, you should not waive your article 32 rights. It is a decision that you should discuss fully with your attorney. The best option is always to have a complete understanding of the legal rights provided to you. Greg Rinckey is a former JAG officer and has years of experience in representing soldiers at courts-martial.
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