Commander Directed Investigations (CDI)

If you are a member of the United States Air Force, you may find yourself the subject of a Commander Directed Investigation (CDI) at some point in your career. A CDI, also known as an Air Force Instruction (AFI) 90-301 investigation, is a type of administrative investigation that a commander initiates to gather facts and make recommendations about a particular incident or allegation.

While a CDI is not a criminal investigation, it can still have serious consequences for your military career and future. That’s why it’s important to understand what a CDI is, how it works, and your rights if you are the subject of a CDI.

If you face a Commander Directed Investigation, consult our CDI attorneys at Military Law immediately about how we can benefit you.

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Commander Directed Investigations Guide

• What Is a Commander Directed Investigation (CDI)?
• How Does a CDI Work?
• What Are Your Rights During a CDI?
• Potential Consequences of a CDI
• What to Do if You Are the Subject of a CDI
• The Role of Our Attorneys in a CDI
• Frequently Asked Questions
• Contact Military Law Today to Protect Your Rights

How Does a CDI Work?

When a commander initiates a CDI, they will appoint an investigating officer (IO) to conduct the investigation. The IO is typically a commissioned officer who is not directly involved in the incident or allegation being investigated.

The IO will begin by gathering all relevant facts and evidence about the incident or allegation. This may involve:

• Interviewing witnesses
• Reviewing documents and records
• Conducting other types of fact-finding

Once the IO has gathered all the relevant information, they will prepare a report summarizing their findings and making recommendations to the commander about what actions to take. The commander will then review the report and decide what, if any, action to take based on the IO’s recommendations. Our CDI attorneys can review these recommendations.

What Are Your Rights During a CDI?

If you are the subject of a CDI, it’s important to understand your rights and to take steps to protect yourself throughout the process. Here are some of the key rights you have during a CDI:

• The right to be informed of the allegations against you: If you are the subject of a CDI, you have the right to know the specific allegations being investigated.
• The right to present evidence and testimony: You have the right to present evidence and testimony in your defense during a CDI, including any mitigating or exculpatory information that may be relevant to the investigation.
• The right to seek legal counsel: While you are not entitled to a military defense attorney during a CDI, you have the right to seek legal counsel from a civilian attorney or a military attorney outside of the formal CDI process.
• The right to appeal: If you are not satisfied with the outcome of a CDI, you may have the right to appeal the decision through the appropriate military channels.

It’s important to exercise your rights and to take steps to protect yourself throughout the CDI process. This may include gathering evidence and testimony in your defense, consulting with legal counsel from Military Law, and presenting your case in the most favorable light possible.

Potential Consequences of a CDI

While a CDI is an administrative investigation rather than a criminal proceeding, it can still have serious consequences for your military career and future. Some of the potential consequences of a CDI include:

• Disciplinary action: If the CDI finds that you engaged in misconduct or other improper activities, you may face disciplinary action, such as counseling, reprimands, or even administrative separation from the military.
• Negative performance evaluations: A CDI may result in negative performance evaluations or other administrative actions that can impact your ability to advance in your military career.
• Loss of security clearance: If the CDI involves allegations related to your trustworthiness or reliability, you may be at risk of losing your security clearance, which can have a significant impact on your ability to perform your duties and advance in your career.
• Damage to reputation: Even if a CDI does not result in formal disciplinary action or other negative consequences, it can still damage your reputation and standing within your unit and the military community.

Given the potential consequences of a CDI, it’s important to take the process seriously and do everything you can to protect your rights and interests throughout the investigation. This includes contacting Military Law for a consultation with a CDI lawyer.

What to Do if You Are the Subject of a CDI

If you are the subject of a Commander Directed Investigation, there are several steps you can take to protect yourself and minimize the potential negative consequences of the investigation:

• Seek legal counsel: While you are not entitled to a military defense attorney during a CDI, you have the right to seek legal counsel from a civilian attorney or a military attorney outside of the formal CDI process. Our experienced attorneys from Military Law can explain your rights, gather evidence in your defense, and present your case in the most favorable light possible.
• Gather evidence and testimony: If you have evidence or testimony that may be relevant to the CDI, it’s important to gather and preserve this information as soon as possible. This may include documents, records, witness statements, or other types of evidence that can help support your case.
• Be honest and cooperative: While it’s important to protect your rights during a CDI, it’s also important to be honest and cooperative with the investigating officer. Providing false or misleading information during a CDI can result in additional disciplinary action and damage your credibility.
• Consider appealing the decision: If you are not satisfied with the outcome of a CDI, you may have the right to appeal the decision through the appropriate military channels. An experienced attorney can advise on your appeal rights and guide you through the appeals process.

Remember, a Commander Directed Investigation can have serious consequences for your military career. If you are the subject of a CDI, it’s important to take the process seriously and to seek the guidance and support of our experienced attorneys from Military Law who can protect you and your interests.

The Role of Our Attorneys in a CDI

If you are the subject of a Commander Directed Investigation, seeking advice from our experienced CDI attorneys can be one of the most important steps you can take to protect yourself and your future. An attorney who is knowledgeable about military law and the CDI process can provide valuable assistance in several key areas:

• Explaining your rights: We can help you understand your rights during a CDI, including your right to be informed of the allegations against you, your right to present evidence and testimony in your defense, and your right to appeal an unfavorable decision.
• Gathering evidence and testimony: We can collect evidence and testimony that may be relevant to your case, including documents, records, witness statements, and other types of evidence.
• Preparing your defense: We can work with you to develop a strong defense strategy and to present your case in the most favorable light possible. This may include challenging the evidence against you, presenting mitigating or exculpatory information, and arguing for a favorable outcome.
• Negotiating with the command: In some cases, We may negotiate with the command to reach a favorable resolution to the CDI, such as a reduction in the severity of the allegations or a more lenient disciplinary action.
• Representing you in appeals: If you are not satisfied with the outcome of a CDI, we can represent you in the appeals process and work to overturn an unfavorable decision or to reduce the severity of any disciplinary action.

Our experienced attorneys are knowledgeable about military law and the CDI process. If you are the subject of a Commander Directed Investigation, don’t hesitate to consult Military Law today.

Frequently Asked Questions

What is the purpose of a CDI?

The purpose of a CDI is to gather all of the relevant facts and evidence related to an incident or allegation and to make recommendations to the commander about what they should do next.

Who conducts a CDI?

When a commander initiates a CDI, they will appoint an investigating officer (IO) to conduct the investigation. The IO is typically a commissioned officer who is not directly involved in the incident or allegation being investigated.

What rights do I have during a CDI?

If you are the subject of a CDI, you have several important rights, including the right to be informed of the allegations against you, the right to present evidence and testimony in your defense, the right to seek legal counsel, and the right to appeal an unfavorable decision.

Can a CDI result in criminal charges?

No, a CDI is an administrative investigation, not a criminal proceeding. However, if the CDI uncovers evidence of criminal activity, the commander may refer the matter to military or civilian law enforcement for further investigation and possible prosecution.

What are the potential consequences of a CDI?

While a CDI is an administrative investigation, it can still have serious consequences for your military career, including disciplinary action, negative performance evaluations, loss of security clearance, and damage to your reputation.

Do I need an attorney during a CDI?

While you are not entitled to a military defense attorney during a CDI, it is highly recommended that you seek the guidance and support of an experienced civilian attorney or a military attorney outside of the formal CDI process. An attorney can identify your rights, gather evidence in your defense, and present your case in the most favorable light possible.

How long does a CDI take?

The length of a CDI can vary depending on the complexity of the case and the amount of evidence that needs to be gathered and reviewed. In general, a CDI can take several weeks or even months to complete.

Can I appeal the outcome of a CDI?

Yes, if you are not satisfied with the outcome of a CDI, you may have the right to appeal the decision through the appropriate military channels. An experienced attorney can protect your appeal rights and guide you through the appeals process.

Contact Military Law Today to Protect Your Rights

If you are a member of the United States Air Force, a Commander Directed Investigation can be a challenging and stressful experience. Whether you are facing allegations of misconduct, fraud, waste, abuse, or other improper activities, a CDI can be stressful, as there is much on the line and potentially serious consequences.

That’s why it’s so important to understand your rights during a CDI and to take steps to protect yourself throughout the process. By seeking the guidance and support of an experienced CDI attorney, gathering evidence and testimony in your defense, and presenting your case in the most favorable light possible, you can increase your chances of a favorable outcome and minimize the potential negative consequences of a CDI.

At Military Law, we have extensive experience representing service members in Commander Directed Investigations and other military legal matters. Our knowledgeable and experienced attorneys are dedicated to protecting the rights and interests of our clients, and we work tirelessly to achieve the best possible outcome in every case.

If you are facing a Commander Directed Investigation or other military legal issue, don’t hesitate to contact us for a free consultation. We are here to answer your questions, explain your rights, and provide the guidance and support you need during this challenging time.

Jeremy Snyder, Commander Directed Investigation Lawyer

With our help, you can navigate the CDI process with confidence and protect your military career and your future. Consult our team today at (800) 235-3645 to learn more about your options.