How does the National Guard handle SHARP investigations?

According to Defense.gov, the National Guard Bureau’s Office of Complex Investigations (OCI) conducts administrative, non-criminal investigations into sexual assault and, as of late 2024, sexual harassment reports within the National Guard. It assists state Adjutants General when other investigative avenues are unavailable or insufficient, focusing on fact-finding to support administrative actions. The changes were necessary to better combat sexual assault and harassment in the ranks, said Army Gen. Daniel Hokanson in 2022 before the House Armed Services military personnel subcommittee.

What is the Purpose of the Office of Complex Investigations?

The OCI conducts independent investigations into allegations of sexual assault, harassment, and other complex matters. This independence is to ensure accountability among the culture of state units.

What is the scope of these investigations?

Investigations are not criminal, rather they are administrative. These investigations are triggered when a direct, verified connection between a person or incident and the National Guard exists. This nexus makes the incident subject to National Guard Bureau (NGB) administrative investigations and when local law enforcement or military criminal investigators lack jurisdiction or decline to investigate.

What is the Leadership and Structure of the OCI?

The OCI Is led by a general officer who overseas investigations that cross all National Guard units in the US.

Why was it necessary to create the OCI?

The military in general underwent reforms in 2013 to address the issue of sexual asssault and sexual harassment in the military. Following heightened scrutiny, the National Guard increased the their roster of investigators by 60% and broadened its focus to include sexual harassment, as noted in reports from the U.S. Department of War (.gov) and National Guard.mil. 

What is the process that leads to investigations?

The OCI determines the facts. It then provides them to the appropriate authority for action, as outlined in the Evaluation of the National Guard Bureau Office of Complex Investigations.

Does the OCI have any partners?

Support Services like the Sexual Assault Prevention and Response (SAPR) – J-1 (National Guard.mil) team works in tandem to provide support and resources to victims of sexual assault. 

What happens to National Guard Soldiers under OCI investigation? 

In general these Soldiers are flagged which means they can’t have favorable action like being promoted, receiving awards, or changing units. The allegations could lead to adverse administrative action.

What investigations are typical for National Guard Soldiers?

The OCI investigates National Guard Soldiers for SHARP offenses which include Article 120 Sexual Assault and Article 134 Sexual Harassment. These offenses, although typically criminal under the UCMJ, fall to OCI when civilian or military law enforcement don’t have jurisdiction or decline to prosecute.

What risk do National Guard Soldiers face when under OCI investigation? 

Although these allegations do not lead to criminal prosecution, they are potentially career ending and can hurt a National Soldier’s future employment and benefits. When an OCI-led investigation finds a Soldier likely committed allegations, that Soldier can face Non-judicial punishment, receive a General Officer Memorandum of Reprimand, and potentially an administrative separation. These adverse administrative actions can cause a Soldier to lose pay, lose promotion opportunity, and potentially be discharged with an adverse characterization of service like a general discharge or an Other than Honorable Discharge. National Guard Soldiers can find themselves barred from re-enlistment and potentially lose GI Bill and other VA benefits.

When should a National Guard Soldier call a National Guard military defense lawyer?

Right away as soon as they suspect they are under investigation and are questioned by command investigators or law enforcement investigators. Soldiers should refuse to answer questions, retain their right to remain silent. Soldiers should not make any statements before speaking with a National Guard military defense lawyer. Oftentimes, National Guard Soldiers don’t have ready access to the Trial Defense Services during the investigation phase, so finding an experienced National Guard military defense attorney in private practice with experience in military cases can mitigate the effects of the investigation by guiding the Soldier through the investigation process.

If yuo are a National Guard member and under investigation, call us right away at 757-504-2815 or contact us here.