Under UCMJ Art 32 an investigating officer finds evidence that “the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense . . .” The IO is responsible for investigating the matter and reporting his recommendations.
Hope this helps.
yojoe
Thanks, yojoe. That sounds like it leaves the investigative process wide open without the defense possibly being able to give any input on the new offense.