Legal Definitions - preliminary inquiry

A preliminary inquiry in military law refers to the initial, informal investigation conducted when there is a report or suspicion that a member of the armed forces may have violated the Uniform Code of Military Justice (UCMJ). Its purpose is to gather basic facts and determine if there is enough information to warrant a more formal investigation or other action.

• Example 1: Suspected Theft of Government Property

  A supply sergeant notices several high-value tools are missing from the inventory and suspects a specific junior enlisted member who had access to the storage area. Before initiating a full-blown criminal investigation, the sergeant's commanding officer might order a preliminary inquiry. This involves a quick, informal check—perhaps reviewing access logs, interviewing the sergeant, and speaking briefly with the suspected member—to see if there's any immediate evidence supporting the suspicion or if it was simply a miscount. This initial step helps determine if a more extensive investigation under the UCMJ is warranted.

• Example 2: Allegations of Misconduct

  A naval officer receives an anonymous email alleging that a petty officer under their command has been regularly late for duty and showing disrespect to superiors. The officer would likely initiate a preliminary inquiry. This might involve discreetly observing the petty officer's punctuality, checking past attendance records, and perhaps having an informal conversation with other supervisors. The goal is to quickly ascertain if there's any truth to the allegations that could constitute a violation of the UCMJ, without immediately launching a formal investigation that could damage morale or reputation unnecessarily.

• Example 3: Discovery of Contraband

  During a routine barracks inspection, a non-commissioned officer (NCO) finds what appears to be drug paraphernalia in a common area, but it's unclear who it belongs to. The NCO's commander would likely order a preliminary inquiry. This initial step might involve questioning residents of that specific barracks room, reviewing security footage if available, or consulting with other NCOs about recent behavior patterns. The purpose is to gather enough initial information to determine if there's a credible suspicion of drug use by a specific individual that would justify a more formal investigation or disciplinary action under the Uniform Code of Military Justice.