An Unfair Investigation Can Damage Your Career—Even Without Charges

Command investigations are among the most misunderstood and dangerous administrative processes in the Navy. Although they are not criminal proceedings, the findings often shape everything that follows—FITREPs/EVALs, NJP, security clearance reviews, administrative separation actions, and long-term career opportunities.

Many Sailors assume that simply telling the truth will resolve the situation, but investigators and commands may rely on incomplete facts, biased statements, or unsupported allegations. Military Justice Attorneys helps Sailors challenge inaccurate findings, write persuasive rebuttals, and appeal unjust investigations through higher review channels. When your integrity, reputation, and future service are on the line, early legal support is essential.

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What Is a Navy Command Investigation?

A command investigation is an administrative inquiry used to examine alleged misconduct, safety incidents, workplace issues, or violations of Navy standards. These investigations are typically conducted under procedures outlined in the Judge Advocate General Manual (JAGMAN).

You can learn more about the Navy’s command investigation procedures in the Judge Advocate General Manual, available through the official Government Publishing Office at: https://www.govinfo.gov/content/pkg/CFR-2019-title32-vol5/pdf/CFR-2019-title32-vol5-part700.pdf.

Command investigations may involve:

  • Interviews with witnesses and involved personnel
  • Review of documentation, digital data, or physical evidence
  • Analysis of command climate or supervisory issues
  • Conclusions about responsibility, misconduct, or performance

The findings may lead to:

  • Adverse performance evaluations
  • Letters of Instruction or Reprimand
  • Administrative separation processing
  • Loss of qualifications or billets
  • NJP or court-martial referral in severe cases

If the findings contain errors, misrepresentations, or unsupported assumptions, a strong rebuttal or appeal can prevent long-term harm.

The Benefits of Working With a Military Defense Attorney for Command Investigation Appeals

  • Comprehensive Review of the Investigation for Inaccuracies - Your attorney evaluates the entire report—statements, evidence, timelines, and conclusions—to identify factual errors, omissions, or procedural violations.
  • Strategic Rebuttals Crafted With Evidence and Navy Regulations - A skilled attorney prepares a detailed rebuttal addressing each inaccurate finding, supported by witness statements, operational records, and regulatory citations.
  • Appeals Through Higher-Level Authorities or Correction Boards - If the command refuses to amend the findings, your attorney may pursue appeals through higher review channels or petition for record correction. Federal law authorizes correction of military records when an error or injustice exists, and you can learn more about this authority under 10 U.S.C. § 1552 at: https://www.govinfo.gov/content/pkg/USCODE-2023-title10/html/USCODE-2023-title10-subtitleA-partII-chap79-sec1552.htm.
  • Protection Against Follow-On Administrative Actions - Commands often use command investigations to justify NJP, adverse evaluations, or separation. Legal representation helps limit these consequences and preserve your career trajectory.
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Is a Command Investigation Appeal or Rebuttal Relevant to My Situation?

You may need legal assistance if you:

  • Were identified as a subject of a command investigation
  • Disagree with the findings or conclusions of the report
  • Believe statements were taken out of context or inaccurately summarized
  • Had no opportunity to clarify disputed facts
  • Were denied access to important evidence or witnesses
  • Believe the investigation was biased, rushed, or retaliatory
  • Are facing administrative action based on inaccurate findings

Command investigations often involve issues such as:

  • Workplace conflicts or harassment allegations
  • Misconduct or professionalism concerns
  • Safety or operational incidents
  • Financial or property issues
  • Leadership or supervisory challenges

If the findings could influence your promotion, retention, or reputation, an attorney can help challenge and correct them.

Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
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The Navy Command Investigation Rebuttal and Appeal Process What to Expect

1. Review of the Investigation and Supporting Materials

Your attorney thoroughly reviews the report, appendices, statements, and evidence to pinpoint inaccuracies and deficiencies.

2. Drafting a Detailed Rebuttal

The attorney prepares a written rebuttal addressing each error and providing supporting documentation, character statements, or operational explanations.

3. Submission Through the Chain of Command

Rebuttals are submitted to the originating command, then escalated as needed to higher echelons for review and correction.

4. Record Correction Through the BCNR

If the command refuses to correct the findings, your attorney may submit a petition to the Board for Correction of Naval Records seeking removal or amendment of unjust conclusions.

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Case Results We’ve been in the fight & know how to win

View All Results

NEGATIVE EVALUATIONS REMOVED

U.S. Navy Reserve. Negative Evaluation and Counseling Removed from Records for Senior Enlisted Sailor.

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NCIS GRANTS TITLING EXPUNGEMENT

Department of the Navy. NCIS Grants Titling Appeal, Removes Sailor from DCII, NCIC, and III Databases.

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ADSEP TERMINATED

San Antonio, Texas. Adsep terminated for Navy Petty Officer accused of ignoring orders from command.

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CAREER SAVED

Norfolk, Virginia. Navy Petty Officer investigated for alleged harassment of a fellow Sailor informally counseled.

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ADSEP TERMINATED

United States Navy Reserve. Petty Officer Third Class threatened with termination for refusing COVID-19 vaccine.

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NO MISCONDUCT

Pensacola, Florida. Separation Board Finds “No Misconduct” by Sailor Accused of Drug Abuse.

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"NO BASIS" FINDING ("DELTA-9" THC)

San Diego, California. Sailor Retained, Adsep Board Finds "No Basis" After Sailor Tests Positive for “Delta-9” THC.

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"NO BASIS" FOR ALLEGED SEX ASSAULT

Yokosuka, Japan. Adsep Board Unsubstantiates Sexual Assault Allegations, Retains Sailor in the Navy.

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RELEASED FROM CONFINEMENT

Camp Pendleton, California. Marine Lance Corporal (E-3) Accused of Domestic Violence Released From Navy Brig.

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CHARGES DISMISSED

Naval Base Coronado, California. Navy Senior Chief (E-8) under NCIS investigation avoids court-martial.

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After Your Command Investigation What Comes Next

Even after the investigation closes, the findings may influence:

  • EVALs and FITREPs
  • Special duty assignment decisions
  • Security clearance adjudications
  • NJP or court-martial decisions
  • Administrative separation processing

Military Justice Attorneys continues supporting Sailors through appeals, record correction efforts, and defense against any follow-on actions.

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Client Testimonials Their Words. Their Cases. Their Results.

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"Professional and Understanding"

I'm very grateful that he went...

Mr. Healy was very professional and understanding. He was very fierce when he was speaking on my behalf and was very thorough with everything. I'm very grateful that he went to bat for me and saved me my job, my career and I would recommend him to any military member going through a situation I did. Thanks Gerry for all the hard work.

-PETTY OFFICER SECOND CLASS, USN

"Worth Every Cent if You Need a Military Defense Attorney!"

I cannot thank Gerry enough fo...

I had the unfortunate experience to become involved in an investigation on a Marine Corps Officer while I was TAD with the Marine Corps. I immediately began looking for a civilian attorney to help with the process. I came across the MJA website and put in a request for a consult. Gerry called that night and spent over an hour on the phone with me discussing the case until that point.After refusing NJP, the CO sent it for an administrative separation for my misconduct, but thanks to Gerry’s advice, I didn’t have substantiated charges as I had not gone to NJP where I would have no rights, It was not referred to court martial.I received the notice right as I was informed that I was on 48 hours notice to deploy in response to the COVID response. Gerry was able to get an extension for the response, and then was able to contact the witness I provided. His expertly written brief was worth everything I had paid for and was written so much better then I could have ever hoped to have written myself. Gerry was able to point out the flaws with the command’s lack of investigation, was able to cite case law to support why the charges were not supported and forced the command to look at my entire career. It was submitted and the day that Gerry followed up with the Command JAG, I was notified that the CO was dropping the charge for dereliction of duty and would issue a NPLOC for the Conduct Unbecoming Charge and a report of no misconduct was routed to PERS. I cannot thank Gerry enough for the work he put into my response and saving my career! I would recommend him to anyone and vouch that he is worth every penny to save your career.

-LCDR, USN

"The Best Choice for a Military Defense Counsel"

I trusted him with my career o...

When I was put under investigation with my Command pending Court Martial, I didn’t know who to turn to for help. Thankfully I came across MJA’s law firm website and immediately hired Mr. Hill after consultation and looking over their reviews. After 7 long months of waiting, the week of my Court Martial came and I would see the fearlessness and confidence of Mr. Hill in the courtroom. He tore apart the government’s theory piece by piece which would result in the outcome in our favor. I trusted him with my career on the line, and he was outstanding. I 10/10 would highly recommend Mr. Hill to anyone who is going through legal challenges with their command.

-PETTY OFFICER THIRD CLASS, USN

"I trusted him with my career on the line, and he was outstanding. I 10/10 would highly recommend Mr. Hill."

When I was put under investiga...

When I was put under investigation with my Command pending Court Martial, I didn’t know who to turn to for help. Thankfully I came across MJA’s law firm website and immediately hired Mr. Hill after consultation and looking over their reviews. After 7 long months of waiting, the week of my Court Martial came and I would see the fearlessness and confidence of Mr. Hill in the courtroom. He tore apart the government’s theory piece by piece which would result in the outcome in our favor. I trusted him with my career on the line, and he was outstanding. I 10/10 would highly recommend Mr. Hill to anyone who is going through legal challenges with their command.
-PETTY OFFICER THIRD CLASS, USN

"Titling & Indexing Petition for Expungement"

Josh Hill brought in a big win...

Josh laid a course of action to petition against a ‘titling’ from a military investigation on my criminal record and worked diligently through every step of the process to make my case. It was an uphill battle, requiring us to petition at each level of authority. It didn’t come quickly and certainly not without effort – but Josh Hill brought in a big win for me that will have a positive change for the rest of my life. He was open & honest from the start, didn’t make any promises & was real about what we were up against. What I appreciate about Josh is that he knows what he’s doing. I consulted with other attorneys & it seemed like a cash grab with them – but with Josh I could tell he had experience. There was a good chance my petition could have been denied, but Josh worked it through to put up the best fight we could & it really paid off.
-CHIEF PETTY OFFICER, USN
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Why Choose Military Justice Attorneys?

Extensive Experience Rebutting and Appealing Navy Investigations

Our attorneys understand JAGMAN procedures, command expectations, and how investigative errors occur—and how to expose them.

Former Judge Advocates With Deep Insight Into Navy Administrative Law

We have served as advisors and reviewers for command investigations, giving us critical insight into weaknesses and appeal strategies.

Dedicated Advocacy Focused on Protecting Your Naval Career

We provide clear communication, strong written advocacy, and tailored legal strategy to preserve your reputation and long-term opportunities. These qualities make Military Justice Attorneys a trusted choice for Sailors seeking relief from unfair command investigations.

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Command Investigation Appeals / Rebuttals FAQs

Can I see the command investigation before submitting a rebuttal?

In most cases, yes. You are typically allowed to review the investigation before submitting your response. An attorney helps interpret the findings, identify inaccuracies, and prepare a targeted rebuttal that protects your interests.

Will a negative command investigation affect my evaluations or promotion?

It often does. Even if no formal punishment is imposed, negative findings can lead to adverse EVALs, loss of qualifications, or reduced promotability. Correcting the investigation early can prevent long-term career harm.

Can a command investigation be overturned or corrected?

Yes. Flawed investigations can be corrected at the command level, through higher-echelon review, or by filing a petition with the BCNR. Many Sailors successfully challenge errors when they present strong evidence and legal arguments.

What if the investigation was retaliatory or biased?

Bias, reprisal, or retaliation can invalidate parts of an investigation. An attorney can help document supporting evidence, pursue correction, or file complaints through appropriate Navy channels.

How long do I have to submit a rebuttal?

Timelines vary, but they are often short—sometimes only days. Immediate legal guidance ensures your rebuttal is complete, accurate, and persuasive before deadlines expire.

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Fight Back Against Unfair Command Investigation Findings

Schedule a confidential consultation today with Navy command investigation appeals attorneys who can help correct the record and defend your service.

Contact Us When Your Future Is On The Line

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