COMPLAINT PROCEDURES

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COMPLAINT PROCEDURES
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TRAITS

• Treats all complaints seriously.
• Reduces fears of reprisals or intimidation.
• Right to have complaints heard by the chain of
  command.
• A readily available system.

Less than half expressed confidence that
complaints are thoroughly investigated.
1997 DA EO Survey
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TYPES
Informal
Formal
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INFORMAL

• Does not require chain of command intervention.
• Assistance from other unit members.
• Confidentiality is possible, but not guaranteed.

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INFORMAL FACTORS

• Assistance not required in writing.
• Good chance of success.
• Complaint is not severe.

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FORMAL COMPLAINT

• Submitted in writing.
• Requires chain of command intervention.
• Reported to higher headquarters.
• Filed within 60 calendar days.
• Commander discretion.
• Specific time lines for processing.

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WHY GO FORMAL?

• Uncomfortable with informal process.
• Informal process will not resolve complaint.
• Attempt at informal resolution failed.
• Complainant desires an official record.
• Complaint is against a member of the chain of
  command.
• Complainant wants outside agency or higher
  commander involvement.

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ALTERNATIVE AGENCIES

• Higher echelon commander.
• EO Advisor
• Chaplain
• SJA

• Provost Marshal
• Inspector General
• Housing Referral Office.
• Medical Personnel

Two most common reasons cited for not reporting
racial incidents. 1. Believed nothing would be
done. 2. Felt incident not important enough to
report. 1997 DA EO Survey
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TIME LINE(calendar days)
72 hrs GCMCA
60 Days Incident
3 Days Refer
14 Days Investigate
7 Days Appeal
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Upon Receiving a Formal Complaint

• Ensure complainant has been sworn to the
  complaint (DA Form 7279-R).
• Acknowledge receipt of the complaint by
  completing block 10a.
• Notify first GCMCA within 72 hours 20 days
  after the date the inquiry/investigation
  commenced.
• Establish implement a written plan to protect
  the complainant, witnesses, the alleged
  perpetrator from acts of reprisal.
• Conduct inquiry or investigation.

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Inquiry or Investigation?

• INQUIRY
• Must conduct personally.
• Can NOT delegate.

• INVESTIGATION
• Only BN Commanders or above can appoint an AR
  15-6 Investigating Officer (IO).
• Company Commanders may request an IO.

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RESPONSIBILITIES

• Clarify complaint with related allegations.
• Interviews witnesses / officials
• Gather, review, analyze records/documents.
• Determine cause/effect of actions which led to
  complaint being filed.

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Responsibilities(continued)

• Seek advise.
• Assess impact on command climate/mission
  readiness.
• Advise command of leadership/management concerns.
• Render a decision.

DECISION Substantiated Unsubstantiated
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APPEALS PROCESS

• 7 calendar days to acknowledge.
• Submit in writing.
• Appeal authority has 14 calendar days to respond.
• GCMCA has final authority.
• No further appeals within EO Complaint System.

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ARMY REPRISAL POLICY

• Prohibits any action to discourage filing EO
  complaints or seeking assistance with EO
  grievances.
• Prohibits disciplinary action against a
  complaint.
• Does not preclude action for fraudulent
  complaints or false statements.

Threats Intimidation Harassment
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LEADERS ACTIONS

• Take issues seriously.
• Take immediate action.
• Keep chain of command informed.
• Follow up on issues.
• Guard against reprisals.

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• We must not, in trying to think about how we can
  make a big difference, ignore the small daily
  differences we can make.
• Marion W. Edelman