WHAT IS AN IG ISSUE?
PRIVACY ACT OF 1974
The Privacy Act of 1974 is a code of fair information practices which mandates how Government agencies shall maintain records about individuals. The Privacy Act requires that Government agencies:
- Collect only information that is relevant and necessary to carry out an agency function;
- Maintain no secret records on individuals;
- Explain at the time the information is being collected, why it is needed and how it will be used;
- Ensure that the records are used only for the reasons given, or seek the person's permission when another purpose for their use is considered necessary or desirable;
- Provide adequate safeguards to protect the records from unauthorized access and disclosure;
- Allow people to see the records kept on them and provide them with the opportunity to correct inaccuracies in their records;
- Publish a notice in the Federal Register of new or revised system of records about individuals;
- Publish a notice in the Federal Register before conducting a computer matching program;
- Assure the information is accurate, relevant, complete, and up-to-date before disclosing it to others;
- Allow individuals to find out about disclosures of their records to other agencies and persons.
FREEDOM OF INFORMATION ACT
The Freedom of Information Act (FOIA) is a law that gives you the right to access information from the federal government. It is often described as the law that keeps citizens in the know about their government.
You can find more information about FOIA requests on the Federal FOIA Website.
KNOW BEFORE YOU FILE
- Before you tell it to your Inspector General, be sure you have a problem and not just a peeve.
- To complain without fear of reprisal is the right of any Soldier, Civilian, or Family Member seeking IG help. After all, problem solving is one of the IG's primary missions.
- Understand better what a real issue is and what you can do about helping yourself, and others, in times of need.
WHAT IS AN IG ISSUE?
A complainant’s request for information or assistance to the IG is assessed for IG Appropriateness. There are many situations for which law or regulation provide a remedy or means of redress. Complainants must seek the prescribed redress or remedy before an Inspector General can provide assistance. Once the Soldier has used the available redress procedures, the Inspector General action is limited to a due-process review of the situation to determine if the Soldier was afforded an opportunity for redress as provided by law or regulation.
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Courts-martial actions (10 USC, Chapter 47, United States Code of Military Justice).
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Nonjudicial punishment (Manual for Courts-Martial, Part V, paragraph seven).
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Officer evaluation reports (AR 623-3, Evaluation Reporting System).
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Non-Commissioned Officer evaluation reports (AR 623-3, Evaluation Reporting System).
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Enlisted reductions (AR 600-8-19, Enlisted Promotions and Reductions).
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Type of discharge received (AR 635-200, Active Duty Enlisted Administrative Separations).
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Pending or requested discharge (AR 635-200, Active Duty Enlisted Administrative Separations, and AR 600-8-24, Officer Transfers and Discharges).
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Complaint that a Soldier has been wronged by the commanding officer (AR 600-20, Army Command Policy, and AR 600-100 Army Leadership).
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Financial Liability Investigations of Property Loss (AR 735-5, Policies and Procedures for Property Accountability).
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Relief for cause (AR 600-20, Army Command Policy).
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Adverse information filed in personnel records (AR 600-8-2, Suspension of Favorable Personnel Actions (FLAGS), and AR 600-37, Unfavorable Information).
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Claims (AR 27-20, Claims).
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Security clearances (AR 380-67, Personnel Security Program)
- Non-Related Army Matters
- Equal Opportunity Complaints
- Hazardous Work Conditions
- Issues with Other Forms of Redress
- Criminal Allegations
- Allegations Against Senior Officials
- Allegations Against Members of SAPs and SAs
- Allegations of Misconduct for a Specific Profession
- Complaints Involving Suicide
- Non-Support of Family Members
- Paternity Cases
- Child Custody
Complaints that are not appropriate for the IG have specific procedures for redress. The Inspector General will still complete an Inspector General Action Request to capture the request for assistance; thoroughly analyze the complaint for all issues and allegations to ensure that the entire matter is not appropriate for the Inspector General. In cases where the issues are not appropriate for the Inspector General, the IG will provide as much teaching and training as possible. In this case the Inspector General will refers the case to the appropriate agency.
IG ASSISTANCE
Assistance as an Inspector General function: Assistance is the IG function that provides Soldiers, Family members, DA civilians, retirees, and contract employees the ability to seek help from the IG on matters affecting their health, welfare, and personal readiness. By definition, an issue is a complaint, request for information, or request for assistance to the IG that does not identify someone by name as the violator of a standard.
The IG’s role, as the commander’s representative, is to resolve these issues within the limits of the IG system. Complaints often contain both issues and allegations, but the assistance function focuses IG's on resolving only the issues. However, anyone may submit a complaint, allegation, or request for information or assistance to any Army IG concerning a matter of Army interest.
The IG's will always adhere to the guidance on confidentiality and the rules placed upon IG records when performing the assistance function.
IG ASSISTANCE
Assistance as an Inspector General function: Assistance is the IG function that provides Soldiers, Family members, DA civilians, retirees, and contract employees the ability to seek help from the IG on matters affecting their health, welfare, and personal readiness. By definition, an issue is a complaint, request for information, or request for assistance to the IG that does not identify someone by name as the violator of a standard.
The IG’s role, as the commander’s representative, is to resolve these issues within the limits of the IG system. Complaints often contain both issues and allegations, but the assistance function focuses IG's on resolving only the issues. However, anyone may submit a complaint, allegation, or request for information or assistance to any Army IG concerning a matter of Army interest.
The IG's will always adhere to the guidance on confidentiality and the rules placed upon IG records when performing the assistance function.
IG INSPECTIONS
Inspections as an Inspector General function:
The IG inspections function is the primary IG function and the one that allows IG's to have the greatest impact on readiness and war-fighting capability throughout the Army. The primary purpose of all IG inspections is to resolve systemic issues throughout the Army and, in doing so, to evaluate the effectiveness of Army policies, determine the root causes of noncompliance, and recommend changes to policy proponents.
Overall, the inspections function entails conducting IG inspections, developing and implementing IG inspection programs, checking intelligence activities for policy compliance, and assisting the commander in maintaining a viable OIP.
Inspection selections process: Inspectors General will use a deliberate process to identify, evaluate, and set priorities for potential inspections of systemic and other issues for approval by the directing authority and inclusion in the IG inspection program within the command’s OIP.
Inspection types and focus: Inspections may focus on either organizations, functional systems, or both. Inspectors General may conduct three types of inspections:
General - Inspections that focus on organizations or units and are comprehensive in nature. General inspections are compliance oriented and assume that the standards against which the IG measures the organization are correct as written.
Special - Inspections that focus on functional systems (that is, systemic issues). Special IG inspections of systemic issues do not assume that the established standards are correct.
The Follow-up – Inspections that assesses the implementation of solutions recommended by an approved IG inspection and, although listed as the third inspection type, is normally the final step of all IG inspections.
IG INVESTIGATIONS
Investigations as an Inspector General function. Investigations is the IG function that provides the commander or directing authority another means through which to resolve allegations of impropriety. Inspectors General may investigate violations of policy, regulation, or law; mismanagement; unethical behavior; fraud; or misconduct.
Commanders may opt for an IG investigation or investigative inquiry when extreme discretion is necessary or the allegation requires preliminary fact finding before deciding to resolve the alleged impropriety in command, IG, or other channels. The primary purpose of IG investigations and investigative inquiries is to resolve allegations of impropriety; to preserve confidence in the chain of command; and, if allegations are not substantiated, to protect the good name of the subject or suspect.
Inspectors General who conduct investigations or investigative inquiries obtain evidence to determine if the allegations are "substantiated" or "not substantiated" and if any issues associated with the allegation (or allegations) are "founded" or "unfounded" The preponderance of credible evidence is the standard of proof IG's use to substantiate or not substantiate allegations. Preponderance is defined as superiority of weight and indicates that the alleged impropriety probably occurred.
TEACH AND TRAIN
Teaching and training as both an embedded and independent function. Teaching and training is the fourth of the Army IG system’s four functions and is traditionally embedded in the first three—inspections, assistance, and investigations. While inspecting, assisting, or investigating, IGs enhance the war-fighting and readiness capabilities of the Army by teaching and training commanders, Soldiers, and civilians at all levels on current Army policy and doctrine. Additionally, IG's pass on lessons learned and good ideas observed during other inspections, assistance visits, and teaching-and-training sessions.
NON-SUPPORT OF FAMILY MEMBERS
The Army strongly enforces Soldiers’ support of Family Members. A Soldier is required to provide financial support to geographically separated family members. Commanders become involved when the parties are unable to agree on a proper method to provide financial support to the family members. This obligation does not arise until a family member or an authorized representative of the family member complains to the command that the Soldier is failing to provide proper support.
Family Member financial support is enforced in accordance with:
Court Order:
• Soldiers will comply with the financial support provisions of all court orders. Failure of a Soldier to comply with a financial support or related provision of a court order may also be the basis for a lawful order from a commander to comply with such provision.
Agreement:
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Oral financial support agreement: It is not the Army’s policy to become involved in disputes over the terms or enforcement of oral financial support agreements. Where an oral agreement exists and is being followed, the Army will not interfere.
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Written financial support agreement: If a signed written financial support agreement exists, the amount of financial support specified in such an agreement controls. A written financial support agreement is any written document (such as a separation agreement or property settlement agreement, a letter, or a series of letters) signed and evidencing an agreement to provide financial support. Commanders apply the terms of agreements as written and avoid making interpretations that depart from the clear meaning of the agreement. Commanders may rely on other existing documents to determine the specific financial support obligation; that is, if the agreement requires the soldier to “pay the rent,” the commander may consult the lease agreement to determine the amount of the support obligation.
Army Regulation 608-99 paragraph 2-6.
This Army Regulation applies in the absence of a financial support agreement or a court order containing a financial support provision and until such an agreement is signed or such an order is issued. Allegations or even proof of desertion, adultery, or other marital misconduct, or criminal acts on the part of a spouse will not excuse a soldier’s obligation to comply with the provisions of this regulation unless a Special Courts Martial Authority releases the soldier under the provisions of this regulation.
Non-Support of Family Members – Commander’s TIPS
• A Soldier’s obligation to pay “BAH II With” to the Family Members will begin on the date the Family Members vacate the common residence. The obligation to make this support payment begins even if the Soldier has not cleared Government quarters and is not entitled to draw “BAH II With.”
• Soldiers must pay BAH-II (flat rate based on rank) if receiving BAH and no court order exists. “BAH goes to the Family or back to the Government.”
• You cannot order the method of payment (money order, check, allotment, etc.) but it’s a good idea to strongly suggest an allotment.
• When Family Members live in government quarters the Soldier is not required to provide additional financial support.
• Ensure immediate needs are met & take appropriate action.
• You cannot order Soldier to pay arrearages but it’s the morally right thing to do – Spouse must go through US Courts to get back support. Recoup….
• You can take action against Soldiers who refuse to pay support (up to and including Courts Martial).
• Support in kind is limited i.e. Automobile loans, insurance, charge accounts, made to others on behalf of supported Family Members requires the written approval of the supported Family Members in order to be credited. MAKE SURE THAT YOU CALL YOUR ATTORNEY.
• It is legal for a Soldier to keep the difference between his BAH (rate based on where you live) and what he is obligated to pay his/her dependents (BAH II). Example: If a Sergeant E5’s Family is in Long Island, NY where the BAH rate is $1800/month and the Soldier is only required to pay minimum required IAW 2012 Non-Locality BAH rate of $812.10/month, the Soldier can legally pocket $997.90/month without a court order.
• New BAH rates are published yearly effective on 1 January.
• Most States have reciprocal support agreements with Germany. German wives/husband's can get their money through our State governments. Check with your JAG. The Soldier must be properly served through SJA.
• If the Soldier is drawing BAH but cannot locate his/her spouse, advise them to put the BAH in a bank account - BAH goes to the Family or back to the government.
• In the case of paternity issues where no marriage exists, the onus is on the complainant to prove paternity, and has to be done through the court system. Inform SM, he may continue to pay or stop at any time w/o court order.
• Find out the truth to the allegation of non-support (interview the Soldier, check the DEERS database, check for court judgment concerning paternity).
• Find out if a court order or separation agreement exists.
• Find out if the Soldier is receiving BAH. Determine total # of dependents.
• Get with JAG to validate amount owed (especially with complicated dependent issues).
• Order the Soldier to pay the appropriate amount.
• Follow up with Family Member to make sure the money was received.
WHAT IS WHISTLEBLOWER RETALIATION?
- A federal employee authorized to take, direct others to take, recommend or approve any personnel action may not take, fail to take, or threaten to take any personnel action against an employee because of protected whistle-blowing.
Protected whistleblowing is defined as disclosing information which the discloser reasonably believes evidences:
- a violation of law, rule, or regulation,
- gross mismanagement,
- gross waste of funds,
- an abuse of authority, or
- a substantial and specific danger to public health or safety.
What Can You Do If You Believe Whistleblower Retaliation Has Occurred?
If you believe that you have been subject to retaliation for protected whistleblowing you can file a complaint with the Office of Special Counsel (OSC). OSC is an independent agency that investigates and prosecutes allegations of prohibited personnel practices (PPP) by federal employees. OSC has the authority to investigate PPPs, including allegations of whistleblower retaliation, and may seek corrective or disciplinary action when warranted
Protected communication
For Service Members, a communication in which a member of the Armed Forces communicates information that the member reasonably believes provides evidence of a violation of law or regulation, including 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 a communication is made to (a) A Member of Congress; an IG; or a member of a DoD audit, inspection, investigation, or law enforcement organization. (b) Any other person or organization (including any person or organization in the chain of command) designated under component regulations or other established administrative procedures (that is, equal opportunity advisor, safety officer, and so forth) to receive such communications.
For appropriated fund civilians, a protected communication is any disclosure to the special counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences a violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
For non appropriated fund (NAF) employees, a protected communication is a disclosure by such an employee or applicant to any civilian employee or member of the armed forces designated by law or by the Secretary of Defense to receive disclosures of information, which the employee or applicant reasonably believes evidences a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
CIVILIAN ADMINISTRATIVE GRIEVANCE SYSTEM
(AGS) DOD 1400.25-M
Subchapter 771, AGS
SC771.2.1. It is DoD policy under DoD Directive 1400.25 (reference (b)) that DoD employees shall be entitled to present disputes under the DoD AGS and have them considered expeditiously, fairly, and impartially, and resolved as quickly as possible. All persons involved in the dispute resolution process shall be free from restraint, interference, coercion, discrimination, or reprisal.
SC771.4.6.1. Problem-Solving Process
SC771.4.6.2. Grievance Process
Inspector General recommended format for processing an AGS
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I am submitting this as a formal grievance as outlined in accordance with DoD 1400.25-M, subchapter 771;
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(Short bullet of complaint #1)
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(Short bullet of complaint #2)
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(Short bullet of complaint #3)
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Continue as necessary
My expectations for remedy regarding each issue listed above are:
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(remedy for 1a above)
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(remedy for 1b above)
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(remedy for 1c above)
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My supporting documentation that supports the above listed issues in paragraph 1 above are:
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(document to support 1a)
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(document to support 1b)
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(document to support 1c)
Remarks:
- Ensure AGS packet is properly signed and dated.
- Place into a sealed envelope and furnish copy to each of the following personnel:
- Immediate supervisor
- Directorate/Manager
- Final approving authority
- Allow resolution in IAW DOD 1400.25-M, subchapter 771, AGS.
SENDING A REQUEST FOR ASSISTANCE TO THE MDW INSPECTOR GENERAL
Request for Assistance
This is an anonymous system to the MDW Inspector General. By submitting issues through this link, you will receive no feedback from the IG on the resolution of your case unless you provide us your name, address, phone number, and/or email address. We would prefer that you contact an MDW Inspector General personally at the numbers listed on the Contact MDW-IG page for better assistance.
Steps to Take
Steps you should take before calling or emailing the MDW Inspector General and submitting a request for assistance.
- Give your chain of command a chance to solve the problem
- Be sure you have a problem not just a peeve
- Remember IG's only resolve a case on the basis of fact
- Some situations first require other methods of redress
- Be honest and don't provide misleading information
- Keep in mind IG's can only recommend, not order, a resolution
- Don't expect instant action on your request. Be patient.
- Be prepared to take 'No" for an answer
(In either case, "Yes" or "No", the IG will explain why).
DA Form 1559 Instructions
In the remarks block of the form please address the following questions that apply and provide as much detail as possible:
- Have you discussed this issue with your chain of command? If so, Whom?
- Have you asked any other agency to assist you? If so, what agency?
- Who is your supervisor? Who is your Commander?
- Please print this form and attach all documents that would assist in resolving this matter and Fax to 202-685-2895, DSN 325-2895 or email to MDW IG Office.
or mail to:
DEPARTMENT OF THE ARMY
Joint Task Force-National Capital Region/U.S. Army Military District of Washington
Office of the Inspector General
31 4th Avenue, Bldg 31
Fort McNair, DC 20319
To access DA Form 1559, please use the Army Publishing Directorate website.
TIPS FOR WORKING WITH THE IG
To present an issue without fear of reprisal is the right of any Soldier, Civilian, or Family Member seeking IG help. After all, problem solving is one of the IG’s primary missions.
If IG assistance is needed, contact your local IG first.
(RSC and USARC IG's are the first point of contact for AGR and TPU soldiers.)
Give your chain of command a chance to solve the problem.
(Many problems must be addressed to the chain of command for resolution)
Be sure you have a problem, not just a peeve.
(Are you being given inaccurate information or just slow service?)
Remember IG's only resolve a case on the basis of fact.
(Your claim that a supervisor has violated the rules doesn’t make it fact. A claim must be supported with evidence. Do you have copies of documents or can you reference a policy that has been violated?)
Some situations first require other methods of redress.
Be honest and don’t provide misleading information.
(IG's will discover the truth quickly in most cases and there are penalties for knowingly providing false information.)
Keep in mind IG's can only recommend, not order a resolution.
(Only Commanders can order; the role of the IG is to assist and advise.)
Don’t expect instant action on your request. Be patient.
(Inquiries and Investigations take time, and IGs tend to have heavy workloads.)
Be prepared to take "No" for the answer.
(In either case "Yes" or "No", the IG will explain why.)
FREQUENTLY ASKED QUESTIONS
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- A complaint, allegation, and/or request for assistance can be presented to an IG in person, by telephone, FAX, regular mail or electronically.
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- An IGAR is an Inspector General Action Request/DA Form 1559. The DA form 1559 is completed to capture pertinent information from the Complainant so the IG can take appropriate actions. To access DA Form 1559, please use the Army Publishing Directorate website. When completing an IGAR, please include as much detail as possible. (who, what, when, where, how, etc). This allows the IG to conduct a thorough inquiry.
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- The initiator of an IG investigation/inquiry will be informed upon the completion of an investigation/inquiry of the results as they pertain to the initiator. An individual may request IG records through the Freedom of Information Act (FOIA) by writing to the IG Office of record. However, due to concerns regarding confidentiality, they are not allowed to obtain the results of an investigation/inquiry concerning third parties. (Privacy Act of 1974 and Army Regulation 20-1).
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- Any problems/issues concerning the U.S. Army and/or its members may be presented to an IG. Law and statute restrict what Inspectors General can do in the areas of Civilian Personnel, Legal, and Equal Opportunity/Equal Employment Opportunity (EO/EEO).
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- NO! An Inspector General belongs to the Commander's Personal Staff. The IG has NO command authority. Therefore, we report, and make recommendations to the Commander for his action.
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- NO. Contact with an IG is a "protected communication". A supervisor or employee who reprises against anyone for contacting an IG faces possible punishment for violation of the statutory prohibition against reprisal for whistle blowing.
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- Anyone can submit an IGAR! As long as it concerns an activity of the U.S. Government, specifically the U.S. Army and/or its members. You do not have to be in or associated with the military to submit an IGAR.
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- Information provided to an Inspector General is never off the record. However, we attempt to maintain confidentiality