/
Military Military

Military - PowerPoint Presentation

alexa-scheidler
alexa-scheidler . @alexa-scheidler
Follow
410 views
Uploaded On 2015-11-11

Military - PPT Presentation

EO Compliant Processing This briefing is UNCLASSIFIED 2 MILITARY EO COMPLAINT PROCESSING TRADITIONAL MDAY NGR 60022 National Guard Military Discrimination Complaint system Chapter 1 amp 2 ID: 189996

military complaint title processing complaint military processing title days command complainant level commander agr traditional resolution appeal formal higher

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "Military" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

Military EO Compliant Processing

This briefing is

UNCLASSIFIEDSlide2

2

MILITARY EO COMPLAINT PROCESSING

TRADITIONAL

M-DAY NGR 600-22National GuardMilitary Discrimination Complaint systemChapter 1 & 2

Traditional Slide3

3

MILITARY EO COMPLAINT PROCESSING

ACTIVE GUARD/RESERVE

(AGR) TITLE 32NGR 600-22National GuardMilitary Discrimination Complaint systemChapter 1 & 2

AGR Title 32Slide4

4

MILITARY EO COMPLAINT PROCESSING

W

ho falls under the NGR 600-22

State Controlled (employed DMVA)Air / Army National Guard MembersIADT, 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 Slide5

5

MILITARY EO COMPLAINT PROCESSING

W

ho falls under the NGR 600-22

State Controlled (employed DMVA)Air / Army National Guard MembersAGR 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 32Slide6

6

MILITARY EO COMPLAINT PROCESSING

ADR or Conflict Resolution

ADR or Conflict Resolution

Must be offered and may be implemented at any timeADR 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

Traditional

AGR Title 32Slide7

7

MILITARY EO COMPLAINT PROCESSING

Informal Complaint Processing

INFORMAL COMPLAINT

In writing on NGB Form 333, Jul 2000 (from NGB Pubs/Library website) http://www.ngbpdc.ngb.army.mil/forms/ngbf333.htmComplainant 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)

Traditional

AGR Title 32Slide8

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 levelCommander 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 Slide9

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 levelSupervisor 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 32Slide10

10

MILITARY EO COMPLAINT PROCESSING

Informal Complaint Processing

NOTIFICATION PROCEDURES

Complaint MUST be filed 180 days from the date of alleged discriminationChain of command will be the primary channel for resolving discrimination complaints, Individuals will be encouraged to use command channels for redress of grievancesAllegations 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 Slide11

11

MILITARY EO COMPLAINT PROCESSING

Informal Complaint Processing

NOTIFICATION PROCEDURES

Complaint MUST be filed 180 days from the date of alleged discriminationFull-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 32Slide12

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 333EO 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

Traditional

AGR Title 32Slide13

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

Traditional

AGR Title 32Slide14

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 Slide15

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 32Slide16

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 32Slide17

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 Slide18

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 32Slide19

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 echelonIf no resolution is made, complaint will automatically appeal to the next higher command level when

30 days

have expired

Traditional Slide20

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 echelonIf no resolution is made, complaint will automatically appeal to the next higher command level when

14 days

have expired

AGR Title 32Slide21

21

MILITARY EO COMPLAINT PROCESSING

Formal Complaint Processing

CONDUCT INQUIRIES or SUPPLEMENTAL INQUIRIES

Chapter 3, NGR 600-22/ANGI 36-3 Authority to conduct EO InvestigationNot in the scope of a formal AR15-6 investigationIf 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 resolutionEO/MEO personnel advise inquiry officers – do not conduct personally

Traditional Slide22

22

MILITARY EO COMPLAINT PROCESSING

Formal Complaint Processing

CONDUCT INQUIRIES or SUPPLEMENTAL INQUIRIES

Chapter 3, NGR 600-22/ANGI 36-3 Authority to conduct EO InvestigationNot in the scope of a formal AR15-6 investigationIf 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 resolutionEO/MEO personnel advise inquiry officers – do not conduct personally

AGR Title 32Slide23

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

Traditional

AGR Title 32Slide24

24

MILITARY EO COMPLAINT PROCESSING

Formal Complaint Processing

NGB REVIEW REPORT OF INVESTIGATION (ROI)

Compliance with laws & regulationsSufficiency of documentationAdherence 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

Traditional

AGR Title 32Slide25

25

MILITARY EO COMPLAINT PROCESSING

Formal Complaint Processing

Traditional

AGR Title 32

BASIS FOR COMPLAINT

RACE

COLOR

RELIGION

GENDER

NATIONAL ORIGIN

SEXUAL HARASSMENTSlide26

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 discriminationAnonymous 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

Traditional

AGR Title 32Slide27

27

MILITARY EO COMPLAINT PROCESSING

Active Guard - DEPLOYED

(AGR) TITLE 10 / Troop Program Unit (TPU)AR 600-20Army Command PolicyChapter 6, 7 & App D

AGR Title 10 USC Status (DEPLOYED)

Army Reserve (TPU)

ARNG DEPLOYED (Title 10)Slide28

28

MILITARY EO COMPLAINT PROCESSING

DEPLOYED - Informal Complaint Processing

INFORMAL COMPLAINT

Commander can conduct an inquiry at any time in the informal stageDocumentation 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) Slide29

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 treatmentThe 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) Slide30

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 7279 http://www.armyg1.army.mil/eo/docs/a7279_r.pdfReferred 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) Slide31

31

MILITARY EO COMPLAINT PROCESSING

DEPLOYED - Formal Complaint Processing

PROCEDURES FOR HANDLING COMPLAINTS AND TIMELINES

INTERMEDIATE COMMAND LEVELCommander 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) Slide32

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 investigationLegal 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) Slide33

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 7279-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) Slide34

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) Slide35

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 complaintPurpose 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) Slide36

36

AGENDA

NGR 600-22, AR 600-20 Military Discrimination Complaint System (M-DAY/AGR/Title 10)

ADR or Conflict Resolution

Informal Complaint ProcessFormal complaint ProcessUnresolved ComplaintsInvestigation Inquiry & Resolution RulesConduct /Supplement Inquiries Adjutant GeneralNGB Review Report of Investigation (ROI)

MILITARY EO COMPLAINT PROCESSING