Quote
Also, will they each have a right to legal counsel during the investigation? As in a civilian criminal case, where the suspect can just shut up and not answer any questions at all. Can they just not talk at all?


Yep, they will have the same rights as a civilian... The FIRST thing that the investigating officer will do is have them sign a DA Form 3881 (RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE).

Here' the text from the actual form:
Quote
The investigator whose name appears below told me that he/she is with the United States Army
suspected/accused:
Before he/she asked me any questions about the offense(s), however, he/she made it clear to me that I have the following rights:
1. I do not have to answer any question or say anything.

2. Anything I say or do can be used as evidence against me in a criminal trial.

3. (For personnel subject to the UCMJ, I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me, or both.
or

(For civilians not subject to the UCMJ) I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins.

4. If I am now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, even if I sign the waiver below.


None of the soliders that I investigated ever refused to make a statement, and none of them requested a lawyer before or after talking with me during the investigation.

Remember, they will both be accused of adultery or violation of a lawful order... if they clam up and don't say anything, then the investigating officer is pretty much left with making his/her recommendation to the Commander based solely on the facts that he was given at the start of the investigation...

If OM has more time in the military, he may believe that he knows how to "beat" this and most likely will share his ideas with your W... a good investigator will see through this.

Also, remember this, most soldiers get in trouble for lying on a sworn statement during the investigation... not for adultery.

Semper Fi,

RIF

PS - Hey Old Sea Daddy, it's 2034 here in Iraq...

Me, BS

Her, Forgiven

Married Dec 86

Multiple A's that ended '90

Rebuilding In Faith since then...

Currently deployed to Iraq, but TEXAS is Home!