Service Member Whistleblower Reprisal
Section 1034 of Title 10, United States Code (10 USC 1034), revised by The Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, extended authority to Inspectors General within the Military Departments to grant Whistleblower protection for reprisal allegations presented directly to them by Service members. The section, implemented by DoD Directive 7050.06, requires Service IGs to investigate allegations of individuals taking or threatening to take unfavorable personnel actions or withholding or threatening to withhold favorable personnel actions as reprisal against a member of the Armed Forces for making or preparing a protected communication.
A protected communication (PC) is:
- Any lawful communication to a Member of Congress or an IG.
- A communication in which a member of the Armed Forces communicates information that the member reasonably believes is 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, when such communication is made to any of the following:
- A Member of Congress; an IG; or a member of a DoD audit, inspection, investigation, or law-enforcement organization.
- Any person or organization in the chain of command (as defined by DoDD 7050.06); or any other person designated pursuant to regulations or other established administrative procedures (e.g. Equal Opportunity Advisor, Safety Officer, etc.) to receive such communications.
DA Civilian, Non-appropriated Fund, and DoD Contractor Employee Allegations of Whistleblower Reprisal
Section 2302(b)(8), Title 5, United States Code (5 USC 2302(b)(8)) provides similar coverage to appropriated fund (DA / DoD civilian) employees as previously discussed for members of the Armed Forces. Likewise, Non-appropriated Fund (NAF) employees are covered under 10 USC 1587, and coverage to DoD contractor employees is provided under Section 2409(a), Title 10, United States Code (10 USC 2409). The following actions will occur when a DA / DoD civilian, NAF, or DoD contractor employee presents an allegation of reprisal for protected disclosure based on the employee's status:
- The appropriated-fund civilian employee has the right to present the reprisal allegation to the Office of Special Counsel (OSC) through the OSC website (www.osc.gov), where he or she may submit the complaint.
- The NAF employee has the right to submit reprisal complaints to the IG, DoD, in accordance with DoDD 1401.03.
- The DoD contractor employee has the right to make a complaint about reprisal to the IG, DoD, in accordance with 10 USC 2409.
Improper Referral for Mental Health Evaluation (MHE)
DoD Directive 6490.1, Mental Health Evaluation of Member of the Armed Forces, and DoD Instruction 6490.4, Requirements for Mental Health Evaluation of Members of the Armed Forces, establish and implement DoD policy, assign responsibility, and prescribe procedures for the referral, evaluation, treatment, and administrative management of Service members who may require mental-health evaluation, psychiatric hospitalization, and/or assessment for risk of potentially dangerous behavior. The directive prohibits referrals done in reprisal and restriction as a violation of Article 92: Uniform Code of Military Justice. The two types of improper MHEs are procedural or reprisal violations. Reprisal violations are governed under the provisions of 10 USC 1034 and DoD Directive 7050.06, and procedural violations are governed by DoD Directive 6490.1 and DoD Instruction 6490.4.
Any questions concerning Whistleblower/MHE Reprisal allegations, please contact the 4ID and Fort Carson Inspector General Office at 719-526-3900/3901.
Freedom of Information Act Request (FOIA)
How to Make a FOIA Request
If you want to make a FOIA request for Army Inspector General records, send a written request by mail, e-mail, or fax to the office where the records are located or to the address below. That office will forward the records and your request to us for processing. Describe the records you want as specifically as possible to better enable us to locate them. Include a street address, an e-mail address, and a daytime phone number so we can contact you if necessary.
Where to Send a FOIA Request
Submit your FOIA request form in writing to the IG office where you believe the records are located, or to:
1700 Army Pentagon
Washington, DC 20310-1700
Telephone: (703) 545-4591
Fax COM: (703) 545-4585
Fax DSN: 685-4585
How to Appeal the results of a FOIA Request
You may file a FOIA appeal in writing by mail, e-mail, or fax for any of the following reasons:
- Denial in whole or in part, disapproval of a request for fee waiver/reduction of fees, review of a determination not to grant expedited access to agency records, or failure to provide a response determination within the statutory time limits.
- Submit the appeal to the address listed above. Please include a copy of your initial FOIA request, a copy of the response letter, and a brief statement explaining why you believe your appeal should be granted. We will forward your appeal to the Army Office of General Counsel for adjudication.
DAIG Public Liaison Office
For questions regarding a DAIG release of records, please contact:
Office of the Inspector General
ATTN: SAIG-ZXR, 1700 Army Pentagon
Washington, DC 20310-1700
Phone: (703) 545-4591
Freedom of Information Act Websites: