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UNCLASSIFIED / FOUO Military EO Compliant Processing This briefing is UNCLASSIFIED.

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Presentation on theme: "UNCLASSIFIED / FOUO Military EO Compliant Processing This briefing is UNCLASSIFIED."— Presentation transcript:

1 UNCLASSIFIED / FOUO Military EO Compliant Processing This briefing is UNCLASSIFIED

2 UNCLASSIFIED / FOUO 2 MILITARY EO COMPLAINT PROCESSING TRADITIONAL M-DAY NGR National Guard Military Discrimination Complaint system Chapter 1 & 2 Traditional

3 UNCLASSIFIED / FOUO 3 MILITARY EO COMPLAINT PROCESSING ACTIVE GUARD/RESERVE (AGR) TITLE 32 NGR National Guard Military Discrimination Complaint system Chapter 1 & 2 AGR Title 32

4 UNCLASSIFIED / FOUO 4 MILITARY EO COMPLAINT PROCESSING W ho falls under the NGR State Controlled (employed DMVA) Air / Army National Guard Members IADT, AT, Full Time Support Staff (Title 32) NOT (AGR -Title 32) Applicants for membership Recipient of National Guard Services Beneficiaries of NG under Title VI Civil rights Act 1964 Traditional

5 UNCLASSIFIED / FOUO 5 MILITARY EO COMPLAINT PROCESSING W ho falls under the NGR State Controlled (employed DMVA) Air / Army National Guard Members AGR title 32 USC Status Recipient of National Guard Services Beneficiaries of NG under Title VI Civil rights Act 1964 Difference between Traditional and AGR is the timeline for the complaint AGR Title 32

6 UNCLASSIFIED / FOUO 6 MILITARY EO COMPLAINT PROCESSING ADR or Conflict Resolution ADR or Conflict Resolution Must be offered and may be implemented at any time ADR can be at anytime through out the process of the complaint Contact state ADR Manager for inquiries if needed Process can be resolved rapidly by bringing the parties involved together TraditionalAGR Title 32

7 UNCLASSIFIED / FOUO 7 MILITARY EO COMPLAINT PROCESSING Informal Complaint Processing INFORMAL COMPLAINT In writing on NGB Form 333, Jul 2000 (from NGB Pubs/Library website) Complainant will check and initial “Informal” box only No case number assigned Military Equal Opportunity (MEO), Human Resource Equal Opportunity Manager (HR/EO) or Equal Opportunity Advisor (EOA) TraditionalAGR Title 32

8 UNCLASSIFIED / FOUO 8 MILITARY EO COMPLAINT PROCESSING Informal Complaint Processing INFORMAL COMPLAINT May be brought to the attention of any member of the chain of command at the lowest level of command where a remedy or resolution is possible, or the EOL or EOA at that level Commander at the lower level will have 30 calendar days (or through the following drill weekend) to resolve the complaint. If unresolved after 30 calendar days, or through the next drill: Complainant may withdraw complaint or it can become formal Regardless of the level at which an informal complaint is filed, the commander at that level shall have 30 calendar days or through the next drill period to resolve the complaint to the satisfaction of the complainant Traditional

9 UNCLASSIFIED / FOUO 9 MILITARY EO COMPLAINT PROCESSING Informal Complaint Processing INFORMAL COMPLAINT May be brought to the attention of any member of the chain of command at the lowest level of command where a remedy or resolution is possible, or the EOL or EOA at that level Supervisor at the lower level will have 14 calendar days (or through the following drill weekend) to resolve the complaint. If unresolved after 14 calendar days, or through the next drill: Complainant may withdraw complaint or it can become formal Regardless of the level at which an informal complaint is filed, the commander at that level shall have 30 calendar days or through the next drill period to resolve the complaint to the satisfaction of the complainant AGR Title 32

10 UNCLASSIFIED / FOUO 10 MILITARY EO COMPLAINT PROCESSING Informal Complaint Processing NOTIFICATION PROCEDURES Complaint MUST be filed 180 days from the date of alleged discrimination Chain of command will be the primary channel for resolving discrimination complaints, Individuals will be encouraged to use command channels for redress of grievances Allegations of discrimination will be referred for processing by the lowest command level EO personnel will provide appropriate feedback to the complainant on the status of his/her complaint File with any member of the chain of command at the lowest level of the command where remedy or resolution is possible, or the EOL or EOA. If unresolved at one level, and forwarded to the next level, the complainant will be provided a copy of the inquiry and will have 30 days to file a appeal with the next higher level of command Traditional

11 UNCLASSIFIED / FOUO 11 MILITARY EO COMPLAINT PROCESSING Informal Complaint Processing NOTIFICATION PROCEDURES Complaint MUST be filed 180 days from the date of alleged discrimination Full-time supervisor chain will process full-time personnel discrimination complaints on behalf of and in coordination with the military commander at each level of the chain if unresolved after 14 days If unresolved at one level, and forwarded to the next higher level, the complainant will be provide a copy of the inquiry and will have 14 days to file an appeal with the next higher level Supervisor chain will provide appropriate feedback to the complainant on the status of his/her complaint AGR Title 32

12 UNCLASSIFIED / FOUO 12 MILITARY EO COMPLAINT PROCESSING Informal Complaint Processing PROCEDURES FOR HANDLING COMPLAINTS AND TIMELINES EO personnel will assist the complainant in the clarifying issues and allegations and documenting the complaint on NGB Form 333 EO Personnel will advise commanders on processing a complaint, and may conduct basic fact findings into allegation of discrimination on behalf of the commander, but will not be used to conduct formal investigations of any complaints in which they may have a role in processing Even when a complaint is withdrawn – commanders will attempt to eliminate underlying causes of all complaints TraditionalAGR Title 32

13 UNCLASSIFIED / FOUO 13 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing FINAL ACTIONS APPEALS The only means of appeal of an informal complaint is to file a Formal Complaint NOTIFICATION PROCEDURES Formal complaint filed with the next higher commander by the complainant Intermediate Commander must initiate a reprisal protection plan for Complainant TraditionalAGR Title 32

14 UNCLASSIFIED / FOUO 14 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing PROCEDURES FOR HANDLING COMPLAINTS AND TIMELINES Intermediate Command Level Complete within 60 days –Procedural review to determine acceptance, dismissal, or referral –Complete an inquiry or investigation –Attempt resolution and take corrective action as appropriate Traditional

15 UNCLASSIFIED / FOUO 15 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing PROCEDURES FOR HANDLING COMPLAINTS AND TIMELINES Intermediate Supervisory Level Complete within 14 days –Procedural review to determine acceptance, dismissal, or referral –Complete an inquiry or investigation –Attempt resolution and take corrective action as appropriate AGR Title 32

16 UNCLASSIFIED / FOUO 16 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing PROCEDURES FOR HANDLING COMPLAINTS AND TIMELINES Successive Command Levels If settled or withdrawn, forward the case file to the State Equal Employment Manager (SEEM), include in your case file: –Complaint Form –Appointment letter of Investigating Officer & Report of Investigation (ROI) or inquiry –Legal review –Settlement agreement signed by complaint(this will close the complaint) –Any corrective action taken –EOA/MEO Review of ROI Traditional AGR Title 32

17 UNCLASSIFIED / FOUO 17 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing UNRESOLVED COMPLAINT A formal complaint that is unresolved at the lowest level of command after 60 days will be automatically appealed to the next higher command level, unless the complainant, in writing, withdraws the complaint Traditional

18 UNCLASSIFIED / FOUO 18 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing UNRESOLVED COMPLAINT A formal complaint that is unresolved at the lowest level of command after 14 days will be automatically appealed to the next higher supervisory level, unless the complainant, in writing, withdraws the complaint. AGR Title 32

19 UNCLASSIFIED / FOUO 19 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing INVESTAGATION INQUIRY & RESOLUTION RULES Will have 30 days to complete a procedural review and attempt resolution with the complainant and/or forward to the next higher echelon If no resolution is made, complaint will automatically appeal to the next higher command level when 30 days have expired Traditional

20 UNCLASSIFIED / FOUO 20 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing INVESTAGATION INQUIRY & RESOLUTION RULES At each supervisory level in coordination with commander will conduct additional inquiry, if necessary, attempt resolution and/or forward to the next higher echelon If no resolution is made, complaint will automatically appeal to the next higher command level when 14 days have expired AGR Title 32

21 UNCLASSIFIED / FOUO 21 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing CONDUCT INQUIRIES or SUPPLEMENTAL INQUIRIES Chapter 3, NGR /ANGI 36-3 Authority to conduct EO Investigation Not in the scope of a formal AR15-6 investigation If investigation believes criminal actions have happened, stop interview, consult appointed authority immediately Resolution Document Written At each command level By commander or unit personnel Will have 30 days from receipt of the complaint form subordinate unit to complete a procedural review and attempt resolution EO/MEO personnel advise inquiry officers – do not conduct personally Traditional

22 UNCLASSIFIED / FOUO 22 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing CONDUCT INQUIRIES or SUPPLEMENTAL INQUIRIES Chapter 3, NGR /ANGI 36-3 Authority to conduct EO Investigation Not in the scope of a formal AR15-6 investigation If investigation believes criminal actions have happened, stop interview, consult appointed authority immediately Resolution Document Written At each supervisory level By supervisor or unit personnel Will have 14 days from receipt of the complaint form subordinate supervisor to complete a procedural review and attempt resolution EO/MEO personnel advise inquiry officers – do not conduct personally AGR Title 32

23 UNCLASSIFIED / FOUO 23 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing ADJUTANT GENERAL 90 days to complete the following: –Attempt resolution –Order an investigation (if none has been completed) –Review for legal and administrative compliance –Provide a redacted copy of the report of investigation to complainant –Annotate resolution (if applicable) –Annotate withdrawal –Request a Final Agency Decision for NGB with 8 months of the formal filing of the complaint TraditionalAGR Title 32

24 UNCLASSIFIED / FOUO 24 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing NGB REVIEW REPORT OF INVESTIGATION (ROI) Compliance with laws & regulations Sufficiency of documentation Adherence to procedures Adequacy of investigation Validity of conclusions Appropriateness of dismissal Deficiencies – return to AGT for correction No Deficiencies-final decision/admin Notify SEEM of assigned case number upon receipt of complaint file Notify AG and complainant of decision TraditionalAGR Title 32

25 UNCLASSIFIED / FOUO 25 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing TraditionalAGR Title 32 BASIS FOR COMPLAINT RACE COLOR RELIGION GENDER NATIONAL ORIGIN SEXUAL HARASSMENT

26 UNCLASSIFIED / FOUO 26 MILITARY EO COMPLAINT PROCESSING Formal Complaint Processing ADDITIONAL NOTES Disciplinary action against the individual responsible for substantiated discrimination is within the discretion of the commander or supervisor and not the right of the complainant to demand as part of a resolution. Punitive action may be appropriate and should be considered by the command or supervisor as a means of maintaining good order and discipline; it does nothing in terms to restoring any benefits or privileges lost by complainants as a results of the discrimination Anonymous complaints alleged discrimination received by State or NGB Officials will not be processed under regulation Any person who knowingly submits a false equal opportunity complaint (a complaint containing information of allegations that the complainant knew to be false) may be subject to judicial or non-judicial punishment TraditionalAGR Title 32

27 UNCLASSIFIED / FOUO 27 MILITARY EO COMPLAINT PROCESSING Active Guard - DEPLOYED (AGR) TITLE 10 / Troop Program Unit (TPU) AR Army Command Policy Chapter 6, 7 & App D AGR Title 10 USC Status (DEPLOYED) Army Reserve (TPU) ARNG DEPLOYED (Title 10)

28 UNCLASSIFIED / FOUO 28 MILITARY EO COMPLAINT PROCESSING DEPLOYED - Informal Complaint Processing INFORMAL COMPLAINT Commander can conduct an inquiry at any time in the informal stage Documentation on Memorandum For Record (MFR) Not required to be filed in writing Resolution at the lowest level possible No requirement for chain of command intervention May not involve the chain of command May use assistance of other unit members, EOLs, or other officials Confidentiality possible (but not guaranteed) Not subject to timeline suspense Informal process has good chance for success Severity of complaint does not warrant formal complaint ARNG DEPLOYED (Title 10)

29 UNCLASSIFIED / FOUO 29 MILITARY EO COMPLAINT PROCESSING DEPLOYED - Informal Complaint Processing INFORMAL COMPLAINT Individuals are encouraged to attempt to resolve their complaints by confronting the alleged offender or by informing other appropriate officials about the offensive behavior or other allegations of disparate or unfair treatment The mere fact a soldier wants to handle a complaint informally, does not prevent or exempt allegations from intervention by the chain of command Anyone approached by an individual with an informal complaint has the obligation to talk to the complainant and at a minimum, provide them with options on handling their issue Confront the harasser. The best time to halt harassment is as soon as it starts. Be Cool, but be firm in telling the harasser you wont tolerate being harassed-that you’ll formally complain through channels if the harassment continues. Your confrontation may suffice ARNG DEPLOYED (Title 10)

30 UNCLASSIFIED / FOUO 30 MILITARY EO COMPLAINT PROCESSING DEPLOYED - Formal Complaint Processing NOTIFICATION PROCEDURES Complaint must be filed within 60 calendar days from the date the alleged incident DA Form Referred to appropriate commander within 3 calendar days of receipt Receiving commander must notify General Court Marshall Convening Authority (GCMCA) using the chain of command within 72 hours and must be documented on MFO ARNG DEPLOYED (Title 10)

31 UNCLASSIFIED / FOUO 31 MILITARY EO COMPLAINT PROCESSING DEPLOYED - Formal Complaint Processing PROCEDURES FOR HANDLING COMPLAINTS AND TIMELINES INTERMEDIATE COMMAND LEVEL Commander can assign an Investigating Officer (IO) (must be a commissioned or warrant officer) Commander will establish and implement a reprisal plan/preventive plan for the complainant, accused, witness(es) and any key leaders involved in the investigation EOA must input the complaint into the DA Database Extension can be granted by next higher commander as long as it does not exceed 30 days Additional extension or extension exceeding 30 days must be approved by GCMCA Up to 14 days for commander to provide feedback to the complainant ARNG DEPLOYED (Title 10)

32 UNCLASSIFIED / FOUO 32 MILITARY EO COMPLAINT PROCESSING DEPLOYED - Formal Complaint Processing PROCEDURES UPON COMPLETION OF INVESTAGTION EOA must review the IO report for any other discrimination that may have developed during the investigation Legal review, insure legal review has provide any feedback from the report to the GCMCA Commanders decision, conduct follow-up with commander and provide brief back on the IO findings and provide any other additional detail the commander may ask PROCEDURES UPON COMPLETION OF INVESTAGTION Set-up meeting with commander, complainant and EOA to provide feedback and explanation of substantiated or unsubstantiated of the complaint If complainant is satisfied with commanders feedback, the original DA Form 7279 must be signed in Part III (12e) – ACTION TO RESOLVE COMPLAINT. REMINDER If complainant is not satisfied the appeal process will being immediately as the complainant has 7 calendar days to file an appeal to the next higher commander ARNG DEPLOYED (Title 10)

33 UNCLASSIFIED / FOUO 33 MILITARY EO COMPLAINT PROCESSING DEPLOYED - Formal Complaint Processing APPEALING THE COMPLAINT Soldiers have 7 calendars days from the date of notification of the results of the investigation and acknowledgment of the actions of the command to resolve the complaint to submit an appeal Appeals must be in writing and provide a brief statement that identifies the basis of the appeal. This will be done using Part IV, DA Form R (EO Complaint Form). After completion of the form it will be returned to the commander in the chain of command Once an appeal has been initiated, the commander has 3 calendar days to refer the appeal to the next higher commander. ARNG DEPLOYED (Title 10)

34 UNCLASSIFIED / FOUO 34 MILITARY EO COMPLAINT PROCESSING DEPLOYED - Formal Complaint Processing APPEALING THE COMPLAINT (con’t) The commander of the next higher command will have 14 calendar days to consider the appeal. Actions on the appeal will be to approve it, deny the appeal, or order an additional investigation. The commander acting on the appeal must provide written feedback to the complainant within 14 calendar days of the results Should the soldier wish to pursue the appeal to a higher authority, the General Courts-martial Convening Authority (normally the first General Officer in the chain of command) will have “final decision authority.” No further appeals are available within the EO complaint system. ARNG DEPLOYED (Title 10)

35 UNCLASSIFIED / FOUO 35 MILITARY EO COMPLAINT PROCESSING DEPLOYED - Formal Complaint Processing FOLLOW-UP ASSESSMENT The EOA will conduct a follow-up assessment of all formal EO complaints, for both substantiated and unsubstantiated complaints, 30 to 45 days following the decision rendered on the complaint –Purpose is to measure the effectiveness of the actions taken and to detect and deter any acts or threats of reprisal or harassment The EOA will conduct a second assessment 180 days following the final decision rendered on the complaint –The EOA will assess the complainant’s satisfaction of the process to include timeliness, staff responsiveness, and helpfulness, and the resolution of the complaint. ARNG DEPLOYED (Title 10)

36 UNCLASSIFIED / FOUO 36 AGENDA NGR , AR Military Discrimination Complaint System (M-DAY/AGR/Title 10) ADR or Conflict Resolution Informal Complaint Process Formal complaint Process Unresolved Complaints Investigation Inquiry & Resolution Rules Conduct /Supplement Inquiries Adjutant General NGB Review Report of Investigation (ROI) MILITARY EO COMPLAINT PROCESSING


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