Prohibition on Restricting Lawful Communications

Prohibition on restricting lawful communication with an IG; Member of Congress (MC); or a member of an audit, inspection, investigation or law enforcement organization within the DOD. Persons subject to this regulation will not restrict anyone in any manner from lawfully communicating with those individuals mentioned above. This prohibition includes communications with an IG, DOD, and the IGs of other services and Federal agencies. For appropriated fund civilians, the prohibition further includes disclosures to the Special Counsel or another employee designated by the head of the agency to receive such disclosures (see 5 USC 2302). For nonappropriated fund (NAF) employees, the prohibition includes disclosures to any civilian employee or member of the Armed Forces designated by law or by the Secretary of Defense to receive such disclosures (see 10 USC 1587).

Prohibitions against reprisal-A Civilian Whistleblower

A civilian whistleblower. Persons subject to this regulation will not take (or threaten to take) a personnel action with respect to any employee or applicant for employment as reprisal for communications protected by 5 USC 2302(b)(8)) and 10 USC 1587).

Prohibitions against reprisal-A Military Whistleblower

Persons subject to this regulation will not take (or threaten to take) an unfavorable personnel action or withhold (or threaten to withhold) a favorable personnel action with respect to a member of the armed forces as reprisal for making or preparing a lawful communication with an IG, MC, or member of a DOD audit, inspection, investigation, or law enforcement organization or with any other person or organization (including any person or organization in the chain of command starting at the immediate supervisor level) designated under regulations or other established administrative procedures (such as the equal opportunity advisor or safety officer) to receive such communications. (See AR 600–20 for a definition of chain of command.) The term lawful communication encompasses information that the soldier reasonably believes provides evidence of a violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination, gross mismanagement, a gross waste of funds or other resources, an abuse of authority, or a substantial and specific danger to public health or safety. Refer to the current version of DODD 7050.6 for up-to-date guidance on identifying a protected communication.

Prohibition against making an unlawful communication with an IG, an MC, or the Office of Special Counsel(OSC) against reprisal-A Military Whistleblower/

Persons subject to this regulation will not knowingly make an unlawful communication with an IG, an MC, or the OSC. An example of unlawful communication is a false official statement (Article 107, Uniform Code of Military AR 20–1 • 1 February 2007 9 Justice (UCMJ)). This prohibition also applies to communications with an IG, DOD and the IGs of other services and Federal agencies.

Persons subject to the UCMJ

Persons subject to the UCMJ who violate the above prohibitions are subject to punishment under Article 92, UCMJ. They are also subject to adverse administrative action and other adverse action authorized by the United States Code or Federal regulations.

Persons not subject to the UCMJ

DA civilian employees who violate the above prohibitions are subject to disciplinary action under AR 690–700, chapter 751, or criminal prosecution authorized by the United States Code or Federal regulations.