Legal Update

The Truth about IG Complaints

ALL SOLDIERS HAVE THE RIGHT TO FILE A COMPLAINT OR GRIEVANCE WITH THE INSPECTOR GENERAL. An Inspector General (IG) Investigation is a tool used by the Armed Forces to ensure morals and ethics are being upheld by your command and leaders. Normally, if you have a complaint of fraud, waste, abuse, violations of law or regulation you should report it by following the chain of command procedures. If your report is not handled correctly then report your complaint to your local IG office.

Any military member or civilian can file a report with the IG. However, civilians will also need to make a report with local law enforcement agencies. You have the option to remain anonymous when filing a report. Your name will not be revealed unless you give consent, or the IG determines it is unavoidable. However, in our experience, anonymous complaints will not be given serious consideration.

Not all allegations can be reported to the IG, for example, evaluation reports, enlisted reductions, or court martial actions. Please see https://www.daig. pentagon.mil/ for more examples of complaints that are not appropriate. Once you have filed DA Form 1559, the Inspector General Action Process (IGAP) will begin a seven-step process to ensure your complaint is handled properly.

You cannot be disciplined for making an IG complaint. Reprisal is taking or threatening to take an unfavorable personnel action or to withhold a favorable personnel action on a military member for making or preparing a protected disclosure. All IG complaints are considered “protected communications,” and when supervisors, commanders, or anyone else takes or threatens to take unfavorable actions or withholds a favorable action against a service member for making a protected communication – that is considered reprisal. Supervisors or others that reprise against you can be punished – if the command determines reprisal occurred.

IG complaints are never “off the record.” IG’s are part of the commander’s staff. Anything you say to an IG can potentially end up on your commander’s desk, especially if the IG determines laws or regulation violations have occurred.

When to hire an attorney? In the vast majority of IG complaints service members don’t need to hire an attorney. In cases where they believe they are being retaliated against or if the subject of the complaint is so important that the service member feels overwhelmed, they may want to consider engaging an attorney. Experienced attorney can help ensure the issues are legally supported and presented in a coherent manner designed to force the IG to take action. H

The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of the Texas Military Department or the National Guard Association of Texas. Doug O’Connell is a retired TXARNG Colonel who focuses on representing military services members, veterans, first responders and their family members. Doug@ DougOConnell.com

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Join Us in Charlotte, North Carolina for the 143rd NGAUS General Conference & Exhibition September 9-12, 2021

MORE THAN 2,000 ARMY AND AIR

NATIONAL GUARD OFFICERS from all 50 states, three territories and the District of Columbia will gather to connect, party and get down to business setting the upcoming NGAUS legislative agenda.

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Join us in Charlotte for the 143rd NGAUS General Conference & Exhibition! Watch the NGAT website for registration information. H