10 U.S.C. § 832 : US Code - Section 832: Art. 32. Investigation

Search 10 U.S.C. § 832 : US Code - Section 832: Art. 32. Investigation

(a) No charge or specification may be referred to a general court-
martial for trial until a thorough and impartial investigation of
all the matters set forth therein has been made. This investigation
shall include inquiry as to the truth of the matter set forth in
the charges, consideration of the form of charges, and a
recommendation as to the disposition which should be made of the
case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him and
of his right to be represented at that investigation by counsel.
The accused has the right to be represented at that investigation
as provided in section 838 of this title (article 38) and in
regulations prescribed under that section. At that investigation
full opportunity shall be given to the accused to cross-examine
witnesses against him if they are available and to present anything
he may desire in his own behalf, either in defense or mitigation,
and the investigating officer shall examine available witnesses
requested by the accused. If the charges are forwarded after the
investigation, they shall be accompanied by a statement of the
substance of the testimony taken on both sides and a copy thereof
shall be given to the accused.
(c) If an investigation of the subject matter of an offense has
been conducted before the accused is charged with the offense, and
if the accused was present at the investigation and afforded the
opportunities for representation, cross-examination, and
presentation prescribed in subsection (b), no further investigation
of that charge is necessary under this article unless it is
demanded by the accused after he is informed of the charge. A
demand for further investigation entitles the accused to recall
witnesses for further cross-examination and to offer any new
evidence in his own behalf.
(d) If evidence adduced in an investigation under this article
indicates that the accused committed an uncharged offense, the
investigating officer may investigate the subject matter of that
offense without the accused having first been charged with the
offense if the accused -
(1) is present at the investigation;
(2) is informed of the nature of each uncharged offense
investigated; and
(3) is afforded the opportunities for representation, cross-
examination, and presentation prescribed in subsection (b).
(e) The requirements of this article are binding on all persons
administering this chapter but failure to follow them does not
constitute jurisdictional error.