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
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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
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MILITARY EO COMPLAINT PROCESSING
ACTIVE GUARD/RESERVE
(AGR) TITLE 32NGR 600-22National GuardMilitary Discrimination Complaint systemChapter 1 & 2
AGR Title 32Slide4
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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MILITARY EO COMPLAINT PROCESSING
Formal Complaint Processing
Traditional
AGR Title 32
BASIS FOR COMPLAINT
RACE
COLOR
RELIGION
GENDER
NATIONAL ORIGIN
SEXUAL HARASSMENTSlide26
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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