Can You Pcs While Under Investigation

When being investigated, the military may initiate a Personnel Control File (PCF) investigation. This investigation typically examines the allegations made against the service member and gathers evidence to determine whether any misconduct occurred. While under investigation, the service member may be subject to restrictions on their movement, such as being confined to their duty station or having their travel privileges revoked. The military may also initiate a Permanent Change of Station (PCS) move while the investigation is ongoing. In this case, the service member would be allowed to PCS to their new duty station but would still be subject to the restrictions imposed by the investigation. The initiation of a PCS move during an investigation does not necessarily indicate that the service member is guilty of the alleged misconduct. The military may decide to move the service member for a variety of reasons, such as operational needs or the need to separate the service member from potential witnesses or evidence.

Military Investigative Authority Jurisdiction

Military investigative authorities have jurisdiction over all military personnel, regardless of their location. This means that an investigation can be initiated and carried out even if the subject of the investigation is not currently serving in the military.

The specific investigative authority that will handle a case will depend on the nature of the allegations. For example, if the allegations involve a crime, the case will be investigated by the Criminal Investigation Division (CID). If the allegations involve a violation of military regulations, the case will be investigated by the Inspector General (IG).

In some cases, more than one investigative authority may be involved in a case. For example, if an allegation involves both a crime and a violation of military regulations, the CID and the IG may both conduct investigations.

The following is a table of the different military investigative authorities and their jurisdictions:

Investigative AuthorityJurisdiction
Criminal Investigation Division (CID)Crimes
Inspector General (IG)Violations of military regulations
Defense Intelligence Agency (DIA)Counterintelligence and security investigations
Naval Criminal Investigative Service (NCIS)Crimes involving the Navy and Marine Corps
Air Force Office of Special Investigations (OSI)Crimes involving the Air Force

Can You PCS While Under Investigation?

If you are under investigation, you may be wondering if you can still PCS (tedyermanent hange of tation). The answer to this question depends on the circumstances of your case.

Limitations on Permanent Change of Station (PES)

  1. If you are under investigation for a serious offense, such as a felony, you may not be able to PCS until the investigation is complete.
  2. If you are under investigation for a less serious offense, you may be able to PCS with the approval of your commanding officer.
  3. In some cases, you may be able to PCS even if you are under investigation, but you may have to report to your new unit for duty.

The following table provides a summary of the limitations on PCS while under investigation:

  • Felony
  • Less serious offense
  • Minor offense
  • If you are under investigation and are considering a PCS, you should speak to your commanding officer. They will be able to advise you on the best course of action.

    Impact of Investigative Status on Deployment

    Being under investigation can have a significant impact on a service member’s deployment status. Here’s an explanation of how it may affect their deployment:

    • Deployment Restrictions: During an investigation, the service member may be restricted or suspended from deployment. This is to ensure the integrity of the investigation and to prevent potential interference with the process.
    • Delay or Cancellation: An ongoing investigation can delay or cancel a scheduled deployment. The decision is made on a case-by-case basis, considering factors such as the seriousness of the allegations, the progress of the investigation, and the operational needs of the service.
    • Reassignment: In some cases, the service member may be reassigned to a different unit or position until the investigation is completed. This is done to avoid conflicts of interest or ensure a safe and appropriate work environment.

    Decision-Making Factors

    The decision regarding deployment status is made by the commander in consultation with relevant authorities. The following factors are considered:

    1. Severity of allegations
    2. Evidence against the service member
    3. Status of the investigation
    4. Operational needs
    5. Safety and security concerns
    OffenseLimitations on PCS
    May not PCS until investigation is completeMay PCS with approval of commanding officerMay PCS without approval of commanding officer
    Rank Matrix
    RankStatus
    E-1 to E-4Deployment suspended
    E-5 to E-9Deployment considered on a case-by-case basis
    O-1 to O-6Deployment restrictions may vary
    O-7 and aboveDeployment typically not affected

    Due Process Considerations

    When a service member is under investigation, their due process rights must be considered. These rights include the right to be informed of the charges against them, the right to an attorney, the right to confront witnesses, and the right to a fair trial. In some cases, a service member may be able to PCS (permanent change of station) while under investigation. However, this is not always the case.

    • The decision of whether or not to allow a service member to PCS while under investigation is made on a case-by-case basis.
    • The following factors are considered when making this decision:
    1. The nature of the charges
    2. The severity of the charges
    3. The evidence against the service member
    4. The potential for the service member to flee or interfere with the investigation
    5. The service member’s military record

    If the service member is allowed to PCS while under investigation, they may be required to follow certain conditions. These conditions may include:

    ConditionDescription
    Reporting to a specific unitThe service member must report to a specific unit on a regular basis.
    Restrictions on travelThe service member may be restricted from traveling to certain areas or from leaving the country.
    Surrender of passportThe service member may be required to surrender their passport.

    Thanks so much for sticking with me on this wild ride of “Can You PCS While Under Investigation?” I hope you found the information helpful and eye-opening. If you’re still curious about other military-related topics, make sure to come back and visit. I’ll be here, dishing out the insider tips and tricks to make your military life a breeze. Until then, stay informed and keep your chin up!