The mission of the Defense Inspector General is to provide independent, relevant, and timely oversight of the Department of Defense that: supports the Warfighter; promotes accountability, integrity, and efficiency; advises the Secretary of Defense and Congress; and informs the Public.
If you believe you have been discriminated against on the basis of race, color, religion, sex (to include sexual harassment and pregnancy discrimination), national origin, age, mental orphysical disability, or genetic information, or if you believe you have been retaliated against for having raised concerns about one of those issues, please contact your command/office Equal Employment (EO) or Equal Employment Opportunity (EEO) office. There is a 45-day filing deadline, so be sure to consult with your EO or EEO advisor as soon as you believe you experienced an act of discrimination or other management wrongdoing.
Matters of this nature do not generally fall under the purview of the Inspector General, as established grievance and EEO channels are available to pursue recourse. Your local EO or EEO office should be easy to locate, but in the event you need general information and/or locator assistance,
you may click here to review the DoD Wide Equal Opportunity & Equal Employment Opportunity Program page.
Additionally, the U.S. Merit System Protection Board, (MSPB) which interprets the Federal Merit Systems Principles, is empowered to hear and decide complaints for corrective or disciplinary action when an agency is alleged to have committed a prohibited personnel practice. To view eligibility, procedures, and appeal filing procedures, please visit the MSPB e-Appeal site.
The above guidelines encompass general instances where other elements of reprisal are not present. If you believe your individual circumstances fulfill the criteria of a reprisal complaint, please proceed to the next sections and review the information presented below.
WHAT IS A REPRISAL COMPLAINT?
Reprisal occurs when a responsible management official takes (or threatens to take) an adverse personnel action against an individual, or withholds a favorable personnel action, because that individual made or was thought to have made a protected communication.
To claim reprisal, all of the following conditions must be met in chronological order (e.g. the protected communication must occur before the adverse personnel action).
Did you make a communication which is protected?
A communication which is protected is made to someone designated by law, rule or regulation to receive the information.
For military members, this includes any lawful communication to a member of Congress, an Inspector General, a member of a Department of Defense audit, inspection, investigation, or law enforcement organization, and/or any government official (to include chain-of-command management officials) designated under Component regulations or other established administrative procedures to receive such complaints. For appropriated fund civilians, protected communications additionally includes disclosures to the Office of Special Counsel, or other entities designated to receive such disclosures of information reasonably believed by the employee to evidence a violation of law, rule or regulation; gross mismanagement; gross waste of funds; abuse of authority; or a substantial and specific danger to public health or safety (See 5 U.S.C. §2302). For nonappropriated fund (NAF) employees, the protected communication further 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 U.S.C. §1587). For an employee of a Defense contractor, the protected communication further includes disclosures to the Government Accountability Office (GAO), a DoD employee responsible for contract oversight or management, an authorized official of an agency, or the Department of Justice (See 10 U.S.C. §2409). Note: Disclosures to contractor officials are not protected under the statute.
Did the responsible management official have knowledge of your protected communication OR did responsible management official(s) believe you made a protected communication even if you didn't?
Be prepared to explain why and how any responsible official knew of the protected communication before taking any personnel actions against you?
Was there an actual adverse or unfavorable personnel action taken or threatened, or was a positive personnel action withheld?
A personnel action is any action that affects or has the potential to affect the member’s current position or career. These include unfavorable personnel security decisions (e.g. security clearance suspension or revocation); withholding or denial of promotions; disciplinary or other corrective action; transfer or reassignment; unfavorable performance evaluation; decision on pay, benefits, awards, or training; referral for a mental health evaluation; or other significant change in duties, responsibilities, or working conditions. Have documentation for each personnel action available to submit, if available. You are encouraged to read the applicable definitions and filing requirements specific to your employee status for more details.
If your circumstances meet all three basic criteria, then scroll down to the appropriate section below that best describes your employment status with the Department of Defense to view details on how to submit a reprisal complaint.
The DoD Inspector General Directorate for Military Reprisal Investigations has the primary authority and responsibility to conduct investigations concerning allegations of reprisal against military members, nonappropriated fund employees, and Defense contractor employees. Complaints are received via the Defense Hotline using the methods prescribed below.
Military members have the option of either (1) directly contacting their Military Department Inspector General; or (2) reporting their complaints to the DoD IG Directorate for Military Reprisal Investigations (via the Defense Hotline), pursuant to 10 U.S.C. §1034, as implemented by DoD Directive 7050.06.
Reprisal complaints may also be filed by military members if you believe you were referred for a mental health evaluation due to reprisal for having made a protected communication. You may review both DoD Directive 6490.1 and DoD Instruction 6490.4, prohibit referral for a mental health evaluation in reprisal for a member's protected communication. These regulations also establish procedures for ordering outpatient and inpatient mental evaluations of military members, as well as outline the rights and protection for members referred by their commander for evaluation.
If you file your reprisal complaint directly with your Military Department IG, that office must notify the DoD IG within ten (10) working days of receiving your reprisal allegations.
The DoD IG Directorate for Military Reprisal Investigations will maintain a system to track those notifications. The Military Department IGs will then conduct a preliminary inquiry to determine whether the allegations merit investigation under
10 U.S.C. §1034. All decisions by Military Department IGs not to investigate allegations of reprisal are subject to the review of the Director, DoD IG Directorate for Military Reprisal Investigations. All final reports of investigation, under 10 U.S.C. §1034 must be approved by the Director, DoD IG Directorate for Military Reprisal Investigations.
If you choose to file your complaint of reprisal directly with the DoD IG, please follow the steps below:
1.
(Preferred) To submit your complaint via the online form, please click here. No forms need to be downloaded via this method. You can print out your filled-out form for your records before hitting "Submit".
2.
To send your complaint by mail, facsimile, or e-mail, download a fillable "Complaint" form and a "Filing Disclosure Election" form * Click here to download both forms in Adobe PDF format.
Send both printed forms to our office along with any supporting documentation, via your preferred transmission method:
DEFENSE HOTLINE
THE PENTAGON
WASHINGTON, D.C. 20301-1900
Defense Department civilian employees (appropriated fund) may file reprisal complaints with the DoD IG Directorate for Civilian Reprisal Investigations (CRI), via the Defense Hotline. CRI investigates complaints of reprisal consistent with Subchapter II, Chapter 12 of 5 U.S.C. §2302, and §7 of the Inspector General Act of 1978, as implemented by DoD Directive 5106.01.
Most whistleblowers in this category go to the Office of Special Counsel (OSC), which is an independent federal investigative and prosecutorial agency. OSC is the primary government agency whose mission is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing. For more information and to view procedural steps for filing a reprisal complaint with OSC, you may visit their official website at: www.osc.gov.
The primary differences between OSC and DoD IG purview are outlined below:
If you choose to file your complaint of reprisal directly with the DoD IG, please follow the steps below:
1.
(Preferred) To submit your complaint via the online form, please click here. No forms need to be downloaded via this method. You can print out your filled-out form for your records before hitting "Submit".
2.
To send your complaint by mail, facsimile, or e-mail, download a fillable "Complaint" form and a "Filing Disclosure Election" form * Click here to download both forms in Adobe PDF format.
Send both printed forms to our office along with any supporting documentation, via your preferred transmission methods:
DEFENSE HOTLINE
THE PENTAGON
WASHINGTON, D.C. 20301-1900
Defense Department contractor employees must report allegations of whistleblower reprisal directly to the DoD IG (via the Defense Hotline), pursuant to 10 U.S.C. § 2409 (and either 48 C.F.R. § 3.9 or Defense Acquisition Regulations System Subpart 203.9).
When filing your complaint of reprisal with the DoD IG, please follow the steps below:
1.
(Preferred) To submit your complaint via the online form, please click here. No forms need to be downloaded via this method. You can print out your filled-out form for your records before hitting "Submit".
2.
To send your complaint by mail, facsimile, or e-mail, download a fillable "Complaint" form and a "Filing Disclosure Election" form * Click here to download both forms in Adobe PDF format.
Send both printed forms to our office along with any supporting documentation, via your preferred transmission methods:
DEFENSE HOTLINE
THE PENTAGON
WASHINGTON, D.C. 20301-1900
NON-APPROPRIATED FUND (NAF) EMPLOYEE REPRISAL COMPLAINTS
Non-appropriated fund (NAF) employees have the option of either (1) directly contacting their Military Department Inspector General; or (2) reporting their complaints to the DoD IG Directorate for Military Reprisal Investigations (via the Defense Hotline), pursuant to 10 U.S.C. §1587, as implemented by DoD Directive 1401.03.
When filing your complaint of reprisal with the DoD IG, please follow the steps below:
1.
(Preferred) To submit your complaint via the online form, please click here. No forms need to be downloaded via this method. You can print out your filled-out form for your records before hitting "Submit".
2.
To send your complaint by mail, facsimile, or e-mail, download a fillable "Complaint" form and a "Filing Disclosure Election" form * Click here to download both forms in Adobe PDF format.
Send both printed forms to our office along with any supporting documentation, via your preferred transmission methods:
DEFENSE HOTLINE
THE PENTAGON
WASHINGTON, D.C. 20301-1900
REPRISAL COMPLAINTS UNDER THE AMERICAN RECOVERY & REINVESTMENT ACT OF 2009
The American Recovery and Reinvestment Act of 2009, often referred to as the "stimulus package" or "Recovery Act" was enacted to create and save jobs, jumpstart our economy, and build the foundation for long-term economic growth. The DoD Inspector General has a significant role in ensuring that the Department's Recovery Act funds are expended for its authorized purposes by providing effective oversight.
If you are a Defense contractor or subcontractor employee working on contracts partially or fully funded under the Recovery Act and believe you have been discharged, demoted, or otherwise reprised against because you disclosed alleged misconduct concerning the fraud, waste, abuse, or corruption of Recovery Act funds, please be sure to complete the relevant questions on the complaint form which requests specific information.
When filing your complaint of reprisal with the DoD IG, please follow the steps below:
1.
(Preferred) To submit your complaint via the online form, please click here. No forms need to be downloaded via this method. You can print out your filled-out form for your records before hitting "Submit".
2.
To send your complaint by mail, facsimile, or e-mail, download a fillable "Complaint" form and a "Filing Disclosure Election" form * Click here to download both forms in Adobe PDF format.
Send both printed forms to our office along with any supporting documentation, via your preferred transmission methods:
DEFENSE HOTLINE
THE PENTAGON
WASHINGTON, D.C. 20301-1900
* When submitting a complaint, please simultaneously advise us of your disclosure election. This question is clearly marked on both the hard-copy and the electronic complaint form. If you do not advise us of your disclosure election, our office will need to contact you to obtain this information, which may cause a delay in the processing of your complaint.
Consistent with the requirements of the Inspector General Act of 1978, as amended, it is Defense Hotline policy that Hotline Personnel will not disclose the identity of an individual providing a complaint or information to the Defense Hotline unless the individual consents to such disclosure, or the Defense Hotline Director has determined that such disclosure is otherwise unavoidable in order to address the complaint or information. Such circumstances may include a matter involving a specific danger to health, safety, or a national security issue.
