Sample Chapters
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Chapter 6: Grievances & Filing Complaints
Definition of Terms
Whistleblower Protection Act
By Act of Congress, complaints made to a Member of Congress or the DoD Inspector General are "protected communications." Acts of reprisal for making or preparing a protected communication are prohibited.1
Protected Communication under Whistleblower Protection Act
Any "lawful communication" to a Member of Congress or an Inspector General. In addition, a communication in which a servicemember reports information the member
reasonably believes evidences a violation of law or regulation, including sexual harassment or unlawful discrimination, mismanagement, a gross waste of funds or other resources, an abuse of authority, or a substantial and specific danger to public health or safety.
Such a communication must be made to:
- "A member of Congress, an [Inspector General], or a member of a DoD audit, inspection, investigation, or law enforcement organization."
- "Any other person or organization (including any person or organization in the chain of command) designated...to receive such communications."2
Reprisal under Whistleblower Protection Act
Taking, or threatening to take, an unfavorable personnel action or withholding, or threatening to withhold, favorable personnel action.3
Unlawful Discrimination
Includes discrimination on the basis of color, national origin, race, religion or sex that is not otherwise authorized by law or regulation.4
Equal Opportunity
The right of all persons to participate in, and benefit from, programs and activities for which they are qualified. These activities and programs shall be free from social, personal, or institutional barriers that prevent people from rising to the highest level of responsibility possible. Persons shall be evaluated on individual merit, fitness, and capability, regardless of race, color, sex, national origin, or religion.5
Sexual Harassment
A "form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" when:
- "Submission to such conduct is made either explicitly or implicitly a term or condition of one's job, pay, or career"; or,
- "Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person"; or,
- "Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment."6
Wrong (under Article 138)
A "discretionary act or omission by a commanding officer" that "adversely affects" the member personally, and that, for example, is:
- "In violation of law or regulation;"
- "Beyond the legitimate authority of that commanding officer;"
- "Arbitrary, capricious, or an abuse of discretion;" or
- "Materially unfair."7
Redress (under Article 138)
Any lawful action which restores to the member any rights, privileges, property, or status to which the member would have been entitled had the wrong not occurred.8
Whistleblower Protection Act
By Act of Congress, complaints made to a Member of Congress or the DoD Inspector General are "protected communications." Acts of reprisal for making or preparing a protected communication are prohibited.1
Protected Communication under Whistleblower Protection Act
Any "lawful communication" to a Member of Congress or an Inspector General. In addition, a communication in which a servicemember reports information the member
reasonably believes evidences a violation of law or regulation, including sexual harassment or unlawful discrimination, mismanagement, a gross waste of funds or other resources, an abuse of authority, or a substantial and specific danger to public health or safety.
Such a communication must be made to:
- "A member of Congress, an [Inspector General], or a member of a DoD audit, inspection, investigation, or law enforcement organization."
- "Any other person or organization (including any person or organization in the chain of command) designated...to receive such communications."2
Reprisal under Whistleblower Protection Act
Taking, or threatening to take, an unfavorable personnel action or withholding, or threatening to withhold, favorable personnel action.3
Unlawful Discrimination
Includes discrimination on the basis of color, national origin, race, religion or sex that is not otherwise authorized by law or regulation.4
Equal Opportunity
The right of all persons to participate in, and benefit from, programs and activities for which they are qualified. These activities and programs shall be free from social, personal, or institutional barriers that prevent people from rising to the highest level of responsibility possible. Persons shall be evaluated on individual merit, fitness, and capability, regardless of race, color, sex, national origin, or religion.5
Sexual Harassment
A "form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" when:
- "Submission to such conduct is made either explicitly or implicitly a term or condition of one's job, pay, or career"; or,
- "Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person"; or,
- "Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment."6
Wrong (under Article 138)
A "discretionary act or omission by a commanding officer" that "adversely affects" the member personally, and that, for example, is:
- "In violation of law or regulation;"
- "Beyond the legitimate authority of that commanding officer;"
- "Arbitrary, capricious, or an abuse of discretion;" or
- "Materially unfair."7
Redress (under Article 138)
Any lawful action which restores to the member any rights, privileges, property, or status to which the member would have been entitled had the wrong not occurred.8