Restriction and Reprisal: The silent killers

  • Published
  • By Lt. Col. Cheryl L. Huguley
  • 39th Air Base Wing Inspector General
INCIRLIK AIR BASE, Turkey --  Commanders, first sergeants, and supervisors must be aware of three areas within the inspector general: reprisal, restricted access, and improper mental health evaluation. Within the Air Force Complaints Resolution Directorate, Secretary of the Air Force inspector general, they are referred to as the "Big 3." The "Big 3" can be silent killers if commanders and first sergeants fail to maintain awareness. Let me describe what they are and how to avoid them.

Restricted Access
Under federal law, Title 10 U.S. Code 1034(a), no one may prohibit or restrict a member of the armed forces in communicating with a member of Congress or an IG ( this includes an IG investigative staff).
 
DoDI 7050.6 expands the list of personnel to whom access may not be restricted to include members of the Department of Defense audit, inspection, investigation teams and law enforcement. 

AFI 90-301 further expands this to include military equal opportunity, family advocacy and designated commanders, those with Uniform Code of Military Justice authority.

Examples of restriction include, but are not be limited to:

-- Threatening an individual to prevent them from going to the commander.

-- Telling someone you will drop the letter of reprimand being processed against them if they withdraw their IG complaint.

The communication must be lawful. A "lawful communication" occurs when the member reasonably believes that he or she has evidence of a violation of laws or regulations, including laws or regulations prohibiting sexual harassment or unlawful discrimination, gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety.

With that said, we, the IG office, highly encourage commanders and their staff /personnel who supervise to advise their people to use the chain of command. Nothing more needs to be said! Never say, "If you have a problem or an issue, you must use your immediate chain of command before you go to outside agencies such as the IG." Why? Because you open yourself and your organization to potential allegations of restriction.

Reprisal
Under 1034(b), no person may take or threaten to take an unfavorable personnel action, or withhold or threaten to withhold a favorable personnel action, as reprisal against a member of the armed forces for making or preparing to make a protected disclosure to:
 
-- A member of Congress

-- An IG (including an IG investigative staff)

-- A member of a DoD audit, inspection, or law enforcement organization

-- Or any person or organization designated to receive such communications. This includes MEO, family advocacy and other personnel designated pursuant to component regulations or other established administrative procedures, and commanders in the member's chain of command.

Reprisal creates a chilling effect that affects mission accomplishment. To steer away from this, you must foster an environment that gives members of your organization confidence in registering a complaint. This provides the added value of their concerns being addressed even if it involves an outside agency. When you follow the chain of command as well as other available agencies, you create an environment indicative of Air Force values.

Mental Health Evaluations
It is DoD policy that a commanding officer shall refer a service member for mental health evaluation in accordance with DoD Directive 6490.1 ref a, b, Section 546, and DoD Directive 7050.6 ref c.

-- Air Force military members will not be referred for a MHE or committed for treatment or hospitalization without being afforded their rights as outlined in DoDDs.

-- When referring an Air Force member for a MHE, the commander is required to notify the member in writing and provide the member with a copy of their rights as outline in DoDD, 6490.1, DODI 6490.4, and AFI 44-109.

Commander's calls are ideal settings to have our office address the subjects of reprisal and restricted access, or improper mental health evaluations. This is one way to reduce or eliminate allegations of the "Big 3" - and the IG complaints or congressional inquiries that may result. Call 676-8878 to schedule an IG briefing for your personnel.