DOD INSTRUCTION 5505.03
I
NITIATION OF INVESTIGATIONS BY DEFENSE CRIMINAL
INVESTIGATIVE ORGANIZATIONS
Originating Component: Office of Inspector General of the Department of Defense
Effective: August 2, 2023
Releasability: Cleared for public release. Available on the Directives Division Website
at https://www.esd.whs.mil/DD/.
Reissues and Cancels: DoD Instruction 5505.03, “Initiation of Investigations by Defense
Criminal Investigative Organizations,” March 24, 2011, as amended
Approved by: Robert P. Storch, Inspector General of the Department of Defense
Purpose: In accordance with the authority in DoD Directive (DoDD) 5106.01, this issuance:
• Establishes policy, assigns responsibilities, and provides procedures to ensure the independence,
objectivity, and effectiveness of the Defense Criminal Investigative Organizations (DCIOs).
• Pursuant to Section 1732(b) of Public Law 113-66, establishes a uniform process to record the
results of DCIO investigations of alleged violations of the Chapter 47 of Title 10, United States Code,
also known and referred to in this issuance as the “Uniform Code of Military Justice.”
• Requires DCIOs to identify a DoD nexus when initiating a criminal or civil investigation or
conducting investigative activities.
DoDI 5505.03, August 2, 2023
TABLE OF CONTENTS 2
TABLE OF CONTENTS
SECTION 1: GENERAL ISSUANCE INFORMATION .............................................................................. 3
1.1. Applicability. .................................................................................................................... 3
1.2. Policy. ............................................................................................................................... 3
1.3. Information Collections. ................................................................................................... 4
SECTION 2: RESPONSIBILITIES ......................................................................................................... 5
2.1. IG DoD. ............................................................................................................................. 5
2.2. Secretaries of the Military Departments. .......................................................................... 5
2.3. DoD Component Heads. ................................................................................................... 5
SECTION 3: PROCEDURES ................................................................................................................ 6
3.1. Initiating a Criminal or Civil Investigation. ...................................................................... 6
3.2. Delaying, Suspending, or Terminating a Criminal or Civil Investigation. ....................... 6
3.3. Impeding an Investigation. ................................................................................................ 7
3.4. Adult, Private, Consensual Sexual Misconduct Investigations. ....................................... 7
3.5. Senior Official Investigations. .......................................................................................... 8
3.6. Resources. ......................................................................................................................... 8
3.7. Investigation Reports. ....................................................................................................... 8
GLOSSARY ....................................................................................................................................... 9
G.1. Acronyms. ........................................................................................................................ 9
G.2. Definitions. ....................................................................................................................... 9
REFERENCES .................................................................................................................................. 11
DoDI 5505.03, August 2, 2023
SECTION 1: GENERAL ISSUANCE INFORMATION 3
SECTION 1: GENERAL ISSUANCE INFORMATION
1.1. APPLICABILITY.
a. This issuance applies to OSD, the Military Departments, the Office of the Chairman of the
Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of Inspector
General of the Department of Defense (IG DoD), the Defense Agencies, the DoD Field
Activities, and all other organizational entities within the DoD (referred to collectively in this
issuance as the “DoD Components”).
b. Nothing in this issuance will infringe on the IG DoD’s or the Defense Intelligence
Component Inspectors General’s statutory independence and authority in accordance with
Chapter 4 of Title 5, United States Code, also known and referred to in this issuance as the
“Inspector General Act of 1978,” as amended. In the event of any conflict between this issuance
and the IG DoD or the Defense Intelligence Component Inspectors General’s statutory
independence and authority, the Inspector General Act of 1978 takes precedence.
1.2. POLICY.
a. The DCIOs will initiate investigations in accordance with law and governing regulations.
Commanders and other leaders not assigned to the DCIOs must not impede or interfere with
investigations or investigative techniques deemed appropriate by the DCIOs.
(1) The Defense Criminal Investigative Service (DCIS) operates under the direction and
control of the IG DoD and the Deputy Inspector General for Investigations.
(2) The Military Criminal Investigative Organizations (MCIOs) operate under the
direction and control of the Secretary of the Military Department concerned and the MCIO’s
director or commander.
b. Investigations initiated by the DCIOs have primacy over collateral investigations
conducted by commanders, safety investigators, and other organizational entities. Collateral
investigations will not interfere with or otherwise hinder DCIO investigations.
c. DCIO investigation reports will be fact-based and impartial for prosecutorial, civil,
administrative, or other appropriate action.
d. DCIOs may initiate a criminal or civil investigation or conduct investigative activities
when the DCIO is first able to identify a DoD nexus. The requirement for a DoD nexus to
investigate may differ from jurisdiction to prosecute by appropriate Federal or military
authorities. Examples of DoD nexus include a reasonable likelihood of one of the following:
(1) The crime occurred on or against a DoD installation, facility, aircraft, vehicle, or
vessel.
DoDI 5505.03, August 2, 2023
SECTION 1: GENERAL ISSUANCE INFORMATION 4
(2) DoD resources, equipment, programs, or operations were used in the commission of
the crime or affected by the commission of the crime.
(3) A DoD entity, DoD civilian employee, Service member, or dependent was the victim
of the crime when the offense falls within the DCIO’s investigative jurisdiction.
(4) The subject or the target of the investigation is currently affiliated with the DoD, was
affiliated with the DoD at the time of the offense, or is subject to the Uniform Code of Military
Justice.
(5) The investigation actions were authorized by Paragraph 1.b. of Enclosure 3 of DoD
Instruction (DoDI) 3025.21.
(6) With concurrence of the applicable DCIO:
(a) When the senior mission commander or battle space commander requests a
criminal or civil investigation to support the DoD mission for contingency operations; or
(b) When there is a need to investigate crimes committed against a DoD entity, DoD
civilian employee, Service member, or dependent or by a person or persons or other entities that
are subject to the Uniform Code of Military Justice or Chapter 212 of Title 18, United States
Code, also known as the “Military Extraterritorial Jurisdiction Act of 2000.”
1.3. INFORMATION COLLECTIONS.
a. All DCIOs will maintain an automated records management and information system that
is compliant with the Federal Bureau of Investigation’s National Incident-Based Reporting
System and National Data Exchange and the Law Enforcement Defense Data Exchange
compatibility.
b. The automated records management system will be compliant with records management
requirements specified in DoDIs 5015.02 and 5525.16.
c. The criminal and civil investigation reporting, referred to throughout this issuance, does
not require licensing with a report control symbol in accordance with Paragraphs 1.b.(6) and
1.b.(7) of Enclosure 3 of Volume 1 of DoD Manual 8910.01.
DoDI 5505.03, August 2, 2023
SECTION 2: RESPONSIBILITIES 5
SECTION 2: RESPONSIBILITIES
2.1. IG DOD.
The IG DoD monitors and evaluates compliance of DoD Components with this issuance.
2.2. SECRETARIES OF THE MILITARY DEPARTMENTS.
In addition to the responsibilities in Paragraph 2.3., the Secretaries of the Military Departments:
a. Establish policy and procedures to implement this issuance.
b. Resolve subordinate commander objections to DCIO initiation of criminal or civil
investigations.
c. Direct subordinate commanders not to impede DCIO criminal or civil investigations.
2.3. DOD COMPONENT HEADS.
The DoD Component heads ensure compliance with this issuance and prescribe additional
Component procedures as necessary to implement its policy.
DoDI 5505.03, August 2, 2023
SECTION 3: PROCEDURES 6
SECTION 3: PROCEDURES
3.1. INITIATING A CRIMINAL OR CIVIL INVESTIGATION.
Commanders at all levels must ensure that criminal allegations or suspected criminal allegations
involving persons affiliated with the DoD or any property or programs under their control or
authority are referred to the appropriate DCIO or law enforcement organization as soon as
possible.
a. Any commander or the IG DoD may request that a DCIO initiate a criminal or civil
investigation. However, the DCIO directors and commanders are not required to and will not
solicit authorizations to initiate investigations from commanders or any other authority outside
the DCIO. In each case, the decision to initiate an investigation remains solely with the DCIO
and the DCIO’s directing and controlling authority. DCIOs can discuss the initiation of an
investigation with the Secretary of Defense or the Secretary of the Military Department
concerned, IG DoD, or commanders.
b. When a commander not assigned to the DCIO objects to the initiation of a criminal or
civil investigation for any reason and wishes to stop the investigation, that commander will need
to promptly report the circumstances through their chain of command to the Secretary of the
Military Department concerned or the IG DoD, as appropriate. Delegated subordinate
commanders may resolve those matters that were the basis for the objection, thereby negating the
need to notify the Secretary of the Military Department concerned or the IG DoD.
c. Criminal and civil investigations and operations must have a DoD nexus when initiated.
In cases where a DoD nexus cannot immediately be identified, DCIO investigative activities will
be limited to steps intended to develop sufficient information to assess whether a nexus exists.
When a DoD nexus cannot be identified, DCIO agents must discontinue investigative activities
and refer allegations to the appropriate civilian law enforcement agency.
d. For specific jurisdictional questions, DCIOs will consult with appropriate legal counsel.
3.2. DELAYING, SUSPENDING, OR TERMINATING A CRIMINAL OR CIVIL
INVESTIGATION.
a. Only the Secretary of Defense or Secretary of a Military Department may direct an MCIO
to delay, suspend, or terminate an ongoing investigation other than an investigation being
conducted at the request of the IG DoD.
b. Except for the Secretary of Defense operating in accordance with Section 408 of the
Inspector General Act of 1978, only the IG DoD may direct a DCIO to delay, suspend, or
terminate an ongoing investigation being conducted at the direction of the IG DoD.
c. When there is a request to delay, suspend, or terminate an ongoing MCIO investigation,
the Secretary of the Military Department concerned will promptly decide whether the
investigation will be discontinued. No investigation will be delayed or suspended while a review
DoDI 5505.03, August 2, 2023
SECTION 3: PROCEDURES 7
of the request is ongoing, except by decision of the Secretary of the Military Department
concerned. The Secretaries of the Military Departments will promptly report to the IG DoD the
facts in all cases brought to them for resolution and their decision in each instance.
d. When a request to delay, suspend, or terminate an ongoing DCIS investigation is raised to
the Secretary of a Military Department, that request will promptly be referred to the IG DoD.
When appropriate, the IG DoD will make a prompt decision on those matters and inform the
Secretary of the Military Department concerned.
e. When there is a request to delay, suspend, or terminate an ongoing DCIO investigation
that was initiated at the direction of the IG DoD, the Secretary of the Military Department
concerned will promptly refer that request to the IG DoD. The IG DoD will make a prompt
decision on those matters and inform the Secretary of the Military Department concerned.
3.3. IMPEDING AN INVESTIGATION.
a. Commanders will not impede an investigation or the use of investigative techniques that a
DCIO considers necessary and that are permissible in accordance with law or regulation. DCIO
directors or commanders will promptly report through their chain of command to the Secretary
of the Military Department concerned or the IG DoD, as appropriate, the facts in all situations
where attempts are made to impede an investigation or the use of investigative techniques.
b. When attempts are made to impede an investigation or the use of investigative procedures
or techniques by a DCIO:
(1) And the investigation has been initiated by a DCIO, the Secretary of the Military
Department concerned will promptly resolve those situations and provide the IG DoD with a
copy of the report and the resolution of all such impediments brought to the Secretary of the
Military Department concerned.
(2) And the investigation has been initiated by or at the direction of the IG DoD, the
Secretary of the Military Department concerned will promptly provide a copy of the report to the
IG DoD. The IG DoD and the Secretary of the Military Department concerned will resolve those
matters.
3.4. ADULT, PRIVATE, CONSENSUAL SEXUAL MISCONDUCT INVESTIGATIONS.
An MCIO may initiate an investigation into adult, private, consensual sexual misconduct (e.g.,
extramarital sexual conduct) with or without a request from the Service member’s commander.
The MCIO will only initiate an adult, private, consensual sexual misconduct investigation when
the MCIO commander, director, or deputy director determines there is credible information a
crime was committed and the investigation will be an appropriate use of investigative resources.
DoDI 5505.03, August 2, 2023
SECTION 3: PROCEDURES 8
3.5. SENIOR OFFICIAL INVESTIGATIONS.
In accordance with DoDD 5505.06, allegations of misconduct against senior officials will be
reported to the IG DoD within 5 workdays of receipt by a DoD Component. Except in unusual
circumstances, the IG DoD will promptly notify the appropriate DoD Component head(s) when
an allegation is received. The appropriate DCIO will investigate allegations of criminal
misconduct against senior officials of which the DCIO becomes aware that occur within their
jurisdiction.
3.6. RESOURCES.
DCIO requests for resources, personnel, or facilities not under the DCIO’s command or control
which the DCIO needs to accomplish its mission will be coordinated through normal command
and resource processes for approval of the commander having responsibility for the requested
resources.
3.7. INVESTIGATION REPORTS.
a. In accordance with Section 1732(b) of Public Law 113-66, at the conclusion of the
investigation, the DCIOs will only report and document final investigative facts. To avoid the
appearance of investigative bias, DCIOs must not convey or document investigative conclusions,
whether founded or unfounded, in investigation reports.
b. DCIOs must document legal coordination from supporting legal counsel or staff judge
advocates about an investigation in the final investigation report.
c. DCIOs must document all investigative activity relating to an investigation in the final
investigation report or corresponding file.
d. DCIOs must ensure records and information created concerning investigations,
allegations, suspected criminal allegations, misconduct, and resulting investigation reports are
retained in accordance with DoDI 5015.02 and DoD Component records management
disposition schedules, policies, procedures, and authorized retention disposition authorities.
e. In accordance with DoDD 5205.16 and DoDI 5505.17, DCIOs must provide law
enforcement information to DoD Components that require the information to detect and mitigate
insider threats and to make debarment, security clearance eligibility, special access suitability,
and other administrative determinations.
f. DoD Components receiving investigation reports, as specified in Paragraph 3.7.e., must
not make a law enforcement record a permanent part of its system of records without prior
coordination with the originating law enforcement agency.
DoDI 5505.03, August 2, 2023
GLOSSARY 9
GLOSSARY
G.1. ACRONYMS.
A
CRONYM
M
EANING
DCIO
Defense Criminal Investigative Organization
DCIS
Defense Criminal Investigative Service
DoDD
DoD directive
DoDI
DoD instruction
IG DoD
Inspector General of the Department of Defense
MCIO
Military Criminal Investigative Organization
G.2. DEFINITIONS.
Unless otherwise noted, these terms and their definitions are for the purpose of this issuance.
T
ERM
D
EFINITION
adult, private,
consensual sexual
misconduct
A sexual act or acts in violation of the Uniform Code of Military
Justice, that occur(s) in private between consenting adults, whether
on or off a military installation. It does not include any sexual act or
acts that involve allegations by any party of force, coercion,
intimidation, unconsciousness, or incapacitation; abuse of position or
rank; fraternization; persons under the age of 16; or conduct that
relates directly to applicable security standards for access to
classified information.
commander
A commissioned officer or warrant officer who, by virtue of rank and
assignment, exercises primary command authority over a DoD
organization or prescribed territorial area. For purposes of this
issuance, all references to “commander” also include the military and
civilian heads of DoD organizations that are not part of a DCIO, and
are authorized to request an investigation or act on the results of an
investigation by a DCIO.
credible information
Defined in DoDI 5505.07.
DCIO
The Department of the Army Criminal Investigation Division, Naval
Criminal Investigative Service, Air Force Office of Special
Investigations, and DCIS.
DoDI 5505.03, August 2, 2023
GLOSSARY 10
T
ERM
D
EFINITION
dependent
Defined in DoD 7000.14-R, Volume 7A.
DoD nexus
A connection to DoD in accordance with parameters outlined in
Paragraph 1.2.d.
jurisdiction
Authority granted to a legal entity to make legal decisions or to an
investigative entity to investigate criminal matters.
Law Enforcement
Defense Data
Exchange
DoD system for reporting criminal incident information to the
National Data Exchange system. A database that shares criminal data
between the DCIOs and other DoD law enforcement agencies and
makes law enforcement data available to support non-law
enforcement functions with a defined requirement and need for the
information.
MCIO
The Department of the Army Criminal Investigation Division, Naval
Criminal Investigative Service, and Air Force Office of Special
Investigations.
senior official
Defined in DoDD 5505.06.
DoDI 5505.03, August 2, 2023
REFERENCES 11
REFERENCES
DoD 7000.14-R, Volume 7A, “Department of Defense Financial Management Regulation (DoD
FMR): Military Pay Policy – Active Duty and Reserve Pay,” date varies by chapter
DoD Directive 5106.01, “Inspector General of the Department of Defense (IG DoD),”
April 20, 2012, as amended
DoD Directive 5205.16, “The DoD Insider Threat Program,” September 30, 2014, as amended
DoD Directive 5505.06, “Investigations of Allegations Against Senior DoD Officials,”
June 6, 2013, as amended
DoD Instruction 3025.21, “Defense Support of Civilian Law Enforcement Agencies,”
February 27, 2013, as amended
DoD Instruction 5015.02, “DoD Records Management Program,” February 24, 2015,
as amended
DoD Instruction 5505.17, “Collection, Maintenance, Use, and Dissemination of Personally
Identifiable Information and Law Enforcement Information by DoD Law Enforcement
Activities,” December 19, 2012, as amended
DoD Instruction 5525.16, “Law Enforcement Defense Data Exchange (LE D-DEx),”
August 29, 2013, as amended
DoD Manual 8910.01, Volume 1, “DoD Information Collections Manual: Procedures for DoD
Internal Information Collections,” June 30, 2014, as amended
Public Law 113-66, Section 1732(b) “National Defense Authorization Act for Fiscal Year 2014,”
December 26, 2013
United States Code, Title 5, Chapter 4 (also known as the “Inspector General Act of 1978,” as
amended)
United States Code, Title 10, Chapter 47 (also known as the “Uniform Code of Military Justice”)
United States Code, Title 18, Chapter 212 (also known as the “Military Extraterritorial
Jurisdiction Act of 2000”)
