You have the right to silence: unless you waive it.
Military members all have the Constitutionalal right to silence, that is the privilege against self-incrimination, so many have heard about through Miranda rights. However, that right to silence actually does not begin until a person is subjected to a “custodial interrogation,” meaning the person is under arrest and is being asked questions.
Every American has that right to silence. However, military members have an even stronger right to silence protected by Article 31 of the Uniform Code of Military Justice. The right to silence in the military does not require the service member to be under arrest or in any kind of custodial interrogation. Instead, the military right to silence applies when any person subject to the UCMJ asks a military member who is suspected of any offense (and remember, literally everything can be made into a UCMJ crime) and asks questions (or even does something non-verbal to elicit a response).
Therefore, when someone is questioned by Army Criminal Investigation Division (CID), Air Force Office of Special Investigations (OSI), Naval Criminal Investigative Service (NCIS), Coast Guard Investigative Service (CGIS), military police, security forces, other law enforcement, AR 15-6 Investigating Officer, Command Directed Investigation (CDI) Investigating Officer, an Inspector General Investigator, or any other military member, military members have the right to silence.
The real question is not whether you have a right to silence–it’s whether you should excercise your right to silence. Making tactical and strategic decisions about your right to silence is not something you should do alone. Instead, that’s where speaking to an experienced military lawyer is important. Make sure your attorney knows all the information (good, bad, and ugly), so that your lawyer can give the best advice possible.
