complaint procedures

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EO COMPLAINT PROCEDURES
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OVERVIEW
OVERVIEW

• DEFINE TYPES OF COMPLAINTS
• ALTERNATIVE AGENCIES
• CDR/ALTERNATE AGENCY RESPONSIBILITIES
• ELEMENTS OF INQUIRY/INVESTIGATION
• ACTIONS TO RESOLVE A COMPLAINT
• APPEALS PROCESS
• FORMS OF REPRISAL

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TYPES OF EO COMPLAINTS
TYPES OF EO COMPLAINTS

• INFORMAL
• FORMAL

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INFORMAL COMPLAINTS
INFORMAL COMPLAINTS

• Are not in writing
• Resolved at lowest level possible
• No requirement for chain of command
• intervention
• May use assistance of others

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INFORMAL COMPLAINTS
INFORMAL COMPLAINTS

• Confidentiality possible, but not guaranteed
• Not subject to timeline suspense
• Informal process has good chance for success
• Severity of complaint does not warrant a formal
• complaint

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FORMAL COMPLAINTS
IF BEHAVIOR PERSISTS..

• File a formal complaint using a written DA Form
  7279-R
• Complaints must be filed within 60 calendar days
  of incident
• Those filed after 60 calendar days may be pursued
  at the commanders discretion

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DECISIONS TO FILE A FORMAL COMPLAINT
DECISION FACTORS

• Inability to resolve the complaint informally
• Soldier uncomfortable with the informal process
• Issues may warrant an official investigation
• Complaint against a member of the chain of
  command or another superior officer
• Desire of the soldier to use an outside agency or
  higher echelon commander

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ALTERNATIVE AGENCIES
ALTERNATIVE AGENCIES
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ALTERNATIVE AGENCIES
ALTERNATIVE AGENCIES
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COMMANDER / ALTERNATIVE AGENCYRESPONSIBILITIES
COMMANDER/ALTERNATIVE AGENCY RESPONSIBILITIES

• Ensure information is complete
• Ensure individual is sworn to complaint
• Clarify basis of complaint
• Identify additional information

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COMMANDER / ALTERNATIVE AGENCYRESPONSIBILITIES
COMMANDER/ALTERNATIVE AGENCY RESPONSIBILITIES

• Tell what happens next
• Acknowledge receipt
• Initiate inquiry/investigation within 14
  calendar days
  
• Refer to appropriate agency/commander within
  3 calendar days
• Provide written feedback

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ELEMENTS OF INQUIRY/INVESTIGATION
ELEMENTS OF INQUIRY/INVESTIGATION

• Clarify nature of complaint
• Interview as appropriate
• Gather information
• Consult advisors
• Assess information
• Render decision on findings
• Provide a written plan on reprisals

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ACTIONS TO RESOLVE A COMPLAINT
ACTIONS OF THE COMMANDER

• Unsubstantiated
• Substantiated

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UNSUBSTANTIATED

• There was not enough or no evidence to support
  the basis of the complaint
• Evidence found during the inquiry/investigation
  thoroughly disputed the allegation(s)

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SUBSTANTIATED

• There was sufficient evidence to support the
  basis of the complaint
• There was sufficient evidence to support all or
  part of the allegation(s)

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APPEALS PROCESS

• Submit in writing within 7 calendar days
• Specify issues you disagree with
• Submit to immediate or next higher chain of
  command
• May request appointment with appeal authority
• Final decision/authority is the 1st General
  Court Martial Convening Authority
  in chain of command
• No further appeal available within EO complaint
  system
• Follow-up assessment

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APPEALS PROCESS

• Findings annotated on DA Form 7279-R

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REPRISAL
Taking or threatening to take an unfavorable
personnel action or withholding or threatening to
withhold a favorable personnel action, or any
other act of retaliation, against a military
member for making or preparing a protected
communication
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FORMS OF REPRISAL

• THREATENING
• INTIMIDATION
• HARASSMENT

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REPORTING INCIDENTS OF REPRISAL
REPORTING INCIDENTS OF REPRISAL

• Made a protected disclosure
• Unfavorable action threatened or taken
• Official or other person knew of disclosure or
  complaint
• Disclosure caused action taken
• Evidence that disclosure caused action

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GOAL
GOAL

• Resolve at lowest
• level within the
• chain of command

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OVERVIEW
SUMMARY

• DEFINE TYPES OF COMPLAINTS
• ALTERNATIVE AGENCIES
• CDR/ALTERNATE AGENCY RESPONSIBILITIES
• ELEMENTS OF INQUIRY/INVESTIGATION
• ACTIONS TO RESOLVE A COMPLAINT
• APPEALS PROCESS
• FORMS OF REPRISAL