Inspector General Observations By LTC Timothy J. Diley, Command Inspector General The inherent right for due process exists for Soldiers and De- partment of the Army civilians within our military structure. While we may not completely be subject to the same rights in the military that we have as civilians because of our obligation to follow orders and obey rules and regula- tions set forth by the Department of De- fense and the Department of the Army, we all still have the right to due process and the appeal system. IGs insure that the proper due process is followed when exe- cuting the four IG functions: teaching and training, assistance, inspections, and inves- tigations. Most requirements in the Army have an associated process that must be followed in order to ensure requirements are met within the intent of the regulation, directive, policy or law. If that requirement or outcome is not deemed satisfactory, there is an appeals pro- cess to review the requirement or outcome. One example that we have seen in the IG office is a Noncommissioned Officer (NCO) receives a NCO Evaluation Report (NCOER) that he or she disagrees with based on their situation. Even though this case is not IG appropriate, the IG office will ensure that the Soldier understands the ap- peals process, their rights, and the appropri- ate agency to assist them in their appeal. Due process is emplaced to not only pro- tect the rights for the Soldiers and Civilians, but also protect the chain of command and the Army. Leaders need to ensure that we understand regulations and the due process systems available to assist our Soldiers and our organizations. “Droit-et-Avant” “I will just go tell the IG.” How often have you heard someone use this phrase? A few hundred times maybe. Contrary to popular belief, telling the IG does not necessarily mean you have an issue that is IG appropriate. People want quick responses and resolutions regardless of how old or new their issues are when pre- sented to the IG. When individuals make contact with the IG, they expect immediate changes. The role of the IG is not to order resolution, but rather make recommenda- tions. Complaints must be presented to an IG in a timely manner in order for the IG to resolve them effectively. Just how does the IG determine if the issue you present is IG appropriate? The IG conducts a preliminary analysis of the in- formation received. The preliminary analy- sis is a thought process to determine who (what agency) will resolve the problem and how to resolve it. This preliminary analysis could take a few minutes, a few hours or a few days. Most issues presented to the IG are command issues. Again, not what most people want to hear. The IG is an extension of the eyes and ears of the commander; therefore, the IG encourages everyone to utilize the respective chain of command and resolve issues at the lowest level before ele- vating to the next higher level per AR 600- 20. IGs always try to work through the chain of command to ensure the IG system is via- ble. A Soldier failing to provide support to a family member is a command responsibility. The role of the IG in this instance is to in- form the command of the regulatory require- ments of AR 608-99 and ensure the com- mand takes appropriate action. Issues in- volving officer and enlisted evaluations are not appropriate for IG intervention because redress is available through other channels (e.g. appeals boards). However, the IG can inspect the unit to ensure counseling is being performed and rating schemes are posted IAW AR 623-3. A complaint that a com- manding officer wronged a Soldier is not appropriate for IG intervention. The Soldier has the option of filing an Article 138 against that commander. However, the IG can re- view the issues to determine if the Soldier has a valid case. Complaints involving sexual harassment, racial and sex discrimination are not IG ap- propriate issues, but Equal Opportunity (EO) issues. These issues will be referred to the EO Advisor. Article 15, chapters, and di- vorces are all legal issues, so you will be referred to Legal Assistance. The IG does not offer any legal opinion. Challenge of physical profiles, quarters, and medical boards by commanders based on AR 40-501 are command and Deputy Surgeon issues. The IG will ensure you are aware of the appropriate agency to contact for redress assistance. Based on information you present, the IG determines if an established policy, Stand- ard Operating Procedure (SOP), regulation, or standard was violated by formulating who improperly did or did not do what in violation of a standard (example: That 1SG Doe improperly mismanaged DA Form 6 in violation of AR 220-45). BLUF: Not all issues you present to the IG are IG appropriate and you will be re- ferred to the appropriate agency. Therefore, the next time you think about telling it to the IG, make sure you have given your chain of command or the appropriate agen- cy the opportunity to resolve the issue. October 2017 IG Bulletin OFFICE OF THE INSPECTOR GENERAL, USAFCOEFS IG Appropriateness By SFC Kenneth G. Winters, Assistant Inspector General IG Observations 1 Appropriateness 1 DoDI 1304.33 2 Upcoming Inspections 2 INSIDE THIS ISSUE:
Transcript
Inspector General Observations By LTC Timothy J. Diley, Command Inspector General
The inherent right for due process exists for Soldiers and De-partment of the Army civilians within our military structure. While we may not completely be subject to the same rights in the military that we
have as civilians because of our obligation to follow orders and obey rules and regula-tions set forth by the Department of De-fense and the Department of the Army, we all still have the right to due process and the appeal system. IGs insure that the proper due process is followed when exe-cuting the four IG functions: teaching and training, assistance, inspections, and inves-
tigations. Most requirements in the Army have an associated process that must be followed in order to ensure requirements are met within the intent of the regulation, directive, policy or law. If that requirement or outcome is not deemed satisfactory, there is an appeals pro-cess to review the requirement or outcome. One example that we have seen in the IG office is a Noncommissioned Officer (NCO) receives a NCO Evaluation Report (NCOER) that he or she disagrees with based on their situation. Even though this case is not IG appropriate, the IG office will ensure that the Soldier understands the ap-peals process, their rights, and the appropri-ate agency to assist them in their appeal. Due process is emplaced to not only pro-tect the rights for the Soldiers and Civilians,
but also protect the chain of command and the Army. Leaders need to ensure that we understand regulations and the due process systems available to assist our Soldiers and our organizations.
“Droit-et-Avant”
“I will just go tell the IG.” How often have you heard someone use this phrase? A few hundred times maybe. Contrary to popular belief, telling the IG does not necessarily mean you have an issue that is IG appropriate. People want quick
responses and resolutions regardless of how old or new their issues are when pre-sented to the IG. When individuals make contact with the IG, they expect immediate changes. The role of the IG is not to order resolution, but rather make recommenda-tions. Complaints must be presented to an IG in a timely manner in order for the IG to resolve them effectively. Just how does the IG determine if the issue you present is IG appropriate? The IG conducts a preliminary analysis of the in-formation received. The preliminary analy-sis is a thought process to determine who (what agency) will resolve the problem and how to resolve it. This preliminary analysis could take a few minutes, a few hours or a few days. Most issues presented to the IG are command issues. Again, not what most people want to hear. The IG is an extension of the eyes and ears of the commander; therefore, the IG encourages everyone to
utilize the respective chain of command and resolve issues at the lowest level before ele-vating to the next higher level per AR 600-20. IGs always try to work through the chain of command to ensure the IG system is via-ble. A Soldier failing to provide support to a family member is a command responsibility. The role of the IG in this instance is to in-form the command of the regulatory require-ments of AR 608-99 and ensure the com-mand takes appropriate action. Issues in-volving officer and enlisted evaluations are not appropriate for IG intervention because redress is available through other channels (e.g. appeals boards). However, the IG can inspect the unit to ensure counseling is being performed and rating schemes are posted IAW AR 623-3. A complaint that a com-manding officer wronged a Soldier is not appropriate for IG intervention. The Soldier has the option of filing an Article 138 against that commander. However, the IG can re-view the issues to determine if the Soldier has a valid case. Complaints involving sexual harassment, racial and sex discrimination are not IG ap-propriate issues, but Equal Opportunity (EO) issues. These issues will be referred to the EO Advisor. Article 15, chapters, and di-vorces are all legal issues, so you will be referred to Legal Assistance. The IG does not offer any legal opinion.
Challenge of physical profiles, quarters, and medical boards by commanders based on AR 40-501 are command and Deputy Surgeon issues. The IG will ensure you are aware of the appropriate agency to contact for redress assistance. Based on information you present, the IG determines if an established policy, Stand-ard Operating Procedure (SOP), regulation, or standard was violated by formulating who improperly did or did not do what in violation of a standard (example: That 1SG Doe improperly mismanaged DA Form 6 in violation of AR 220-45). BLUF: Not all issues you present to the IG are IG appropriate and you will be re-ferred to the appropriate agency. Therefore, the next time you think about telling it to the IG, make sure you have given your chain of command or the appropriate agen-cy the opportunity to resolve the issue.
October 2017
IG Bulletin
OFFICE OF THE INSPECTOR GENERAL, USAFCOEFS
IG Appropriateness By SFC Kenneth G. Winters, Assistant Inspector General
IG Observations 1
Appropriateness 1
DoDI 1304.33 2
Upcoming Inspections 2
INSIDE THIS ISSUE:
Upcoming Inspections
October 2017 Page 2
There has been an increase in the num-ber of inappropriate relationships between Cadre and Trainees on Fort Sill in the last year. This conduct is covered in the De-partment of Defense Instruction 1304.33 and subsequent docu-
ments that are signed by both the Cadre and the Trainees, the DD 2983 and the DD 2982. This DoDI encompasses the largest population on our installation and not eve-ryone is aware of the possible implications of an inappropriate relationship. The doc-ument should be reviewed annually with each Cadre member to ensure that they keep it in mind throughout their tenure as cadre. Each Cadre member(s) should re-view the DoDI often to ensure they are adhering to regulations throughout tenure. The following are a few short excerpts from the DoDI 1304.33 Encl 3, paragraphs 1a(1)(a) through (n) and how they apply to both the trainer and the trainee should be given special attention. (DoDI 1304.33, Encl 3, paragraph 1a-m) Prohibited Activities. Prohibited activities between a recruit and a recruiter and a trainer providing entry-level training and a trainee are listed in paragraphs 1a(1)(a) through (n) of this section. These prohibi-tions apply from the first contact between a recruit and recruiter, through entry-level training, and for 6 months after the trainee completes entry-level training. This listing is not all-inclusive and the Military Ser-vices may add to it. 1) Recruiters and trainers providing entry-level training will not: (a) Develop, attempt to develop, or con-duct a personal, intimate, or sexual rela-tionship with a recruit or trainee. This includes, but is not limited to, dating, handholding, kissing, embracing, caress-ing, and engaging in sexual activities. Pro-hibited personal, intimate, or sexual rela-tionships include those relationships con-
ducted in person or via cards, letters, e-mails, telephone calls, instant messaging, video, photographs, social networking, or any other means of communication. (b) Use grade or position, threats, pres-sure, or promise of return of favors or fa-vorable treatment in an attempt to gain sexual favors from a recruit or trainee. (c) Make sexual advances toward, or seek or accept sexual advances or favors from, a recruit or trainee. (d) Allow entry of any recruits or train-ees into their dwelling. (e) Establish a common household with a recruit or trainee, that is, share the same living area in an apartment (does not in-clude facilities open to all members of a homeowners association or all tenants in an apartment complex), house, or other dwelling. (f) Allow entry of any recruits or trainees into their privately owned vehicles. Excep-tions are permitted for official business when the safety or welfare of a recruit or trainee is at risk. (g) Provide alcohol to, or consume alco-hol with, a recruit or trainee on a personal social basis. (h) Attend social gatherings, clubs, bars, theaters, or similar establishments on a personal social basis with a recruit or train-ee. (i) Gamble with a recruit or trainee. (j) Lend money to, borrow money from, or otherwise become indebted to a recruit or trainee. (k) Solicit donations from a recruit or trainee. (l) Hire or otherwise employ recruits or trainees (e.g., baby-sitting, maintenance jobs). (m) Accept personal goods, in an unoffi-cial or personal capacity, from a recruit or trainee for storage or any other reason. (n) Participate in closed-door discussions with recruits or trainees. The Trainers providing entry-level train-ing will sign a DD Form 2982 with explicit and strict command guidance that acknowledges their understanding of the
DoDI 1304.33 Awareness By SFC Christopher L. Crocker, Assistant Inspector General
Date Agency Units Affected Topic
15-19 Jan 18 DAIG RAHC Medical Treatment Facility
22-26 Jan 18 FCOE IG TBP Intelligence Oversight
12-16 Mar 18 TRADOC IG TBP SAV
21-25 May 18 TRADOC IG FCoE, 428, 434 Government Purchase Card
prohibitions listed in paragraphs 1a(1)(a)-(n) of the DoDI 1304.33 regarding the policies prohibiting inappropriate behav-iors and relations outlined in this instruc-tion. At a minimum this form will be re-tained in the trainer’s record while they are assigned to training duty and will be reval-idated annually. Once the trainer leaves training duties the form may be disposed of at the services’ discretion. However, as the form may be of value if future allega-tions are made against the trainer, the Ser-vices may elect to retain the form in the trainer’s permanent records. Trainers will brief trainees on the poli-cies states in this instruction and will pro-vide information that trainees can use to contact someone in leadership if they wish to report any issue related to inappropriate conduct by the trainer. Trainees will sign a DD Form 2983 with explicit and strict command guidance acknowledging their understanding and responsibilities as out-lined in this instruction no later than the first day of entry-level training. at a mini-mum, this form will be retained in the trainees file until the trainee detaches from the training command or school. Once the trainee detaches from the training com-mand or school the form may be disposed of at the Services’ discretion. However, as the form may be of value if future allega-tions are made, the Services may elect to retain the form in the trainee’s permanent records. While this DoDI is to be strictly en-forced, there are potential career ending implications if it is found that either party violated the DoDI 1304.33, or the guid-ance that is given in DD form 2983, or DD form 2982. Paragraph 2(a) states that sub-stantiated violations by trainers or recruit-ers will require the Service Member to be processed for administrative separation from Military Service. Although there is the requirement to initiate administrative processing it does not mean that the end result will be administrative discharge.
Office of the Inspector General,
USAFCOEFS
BLDG 1616 Randolph Road
Fort Sill, OK 73503
Inspector General Mission
The Office of the Inspector General provides assistance, teaches and trains, and conducts inspections and
investigations as directed by the Commanding General for and throughout the United States Army Fires
Center of Excellence and Fort Sill in order to assist commanders in achieving disciplined and combat-ready
units and to maintain the operational effectiveness of the command.
For questions or assistance, or to file a complaint: Comm: 580-442-6007/3224
