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If IG conducted an investigation and failed to conduct a thorough investigation, what is the recourse?

Tacoma, WA |
Filed under: Military law

I contacted a Senator in 2010 to help me get a compassionate reassignment processed that my chain of command sat on. The compassionate was approved, but my chain of command did retaliate by directing a downgraded evaluation before I left. I filed a DOD IG complaint about a reprisal for protected communication under the military whistleblower protection act. The investigation took 2 1/2 years to complete and I was selected for involuntary separation through the QSP program. After reading the findings, which were found to be unsubstantiated, they failed to interview at least five of the witnesses I gave them. Instead they relied on the testimony of my rating chain only. My rater supplied me with a memorandum stating that he did not write my report. What recourse can I take?

Attorney Answers 3


  1. While I understand you making an IG complaint, did you also submit an appeal of the evaluation? That was the correct way to appeal the evaluation. In that process you could have submitted statements of witnesses as part of your evaluation appeal. Unfortunately there's some time limits. You might still try to do a corrections board petition. You should be able to argue that any delay in proceeding was as a result of the delayed IG.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.


  2. Your only real possibility of a timely remedy is to write your U. S. Senator or Congressman. You should include signed statements from the five witnesses that were ignored by the IG.


  3. Additional facts are needed to fully answer your question. You may still have time to appeal the evaluation. Additional information is available on my website. Feel free to call me to discuss your options. The consultation is confidential and at no cost. Best of luck.

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