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Can I sue the Navy for Vioklating the Military Whistle Blower Protection Act Title 10 U.S.C. 1034?

Norfolk, VA |

I was deployed and had to call the Inspector General's office and my Congressman about issues with my Command as a result , the Congressman contacted the Office of Legislative Affairs in the Pentagon, My Command was notified and basically told to back a result, they sent me through months of harassmsnet and even brought me up on Charges for Notifying a LT. in the Office of Legislative Affairs to inform him that my issues had not stopped. My Charge Cheat stated " in your email to the office of Legislative affairs etc. Those first set of charges were droppped after the IG got involved but then they came up with more, when those fell through they continued to harass me and retaliate and continue to do so.

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Attorney answers 4


You cannot sue under the whistle blower act directly because military members are prevented from suing the government in most instances. However, you can take action for it to stop. First would be seeking the assistance of the IG. It's time to get transferred to a new unit an the IG should be able to help.

In the extreme situation you can file a law suit in federal court seeking a restraining order of sorts to stop your command from doing certain actions.

If you'd like to talk more details feel free to call for a free consult.

Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice given does not form an attorney-client relationship. The advice above is intended to educate on general legal principles and theories and should not be considered state specific advice. Please call anytime, day or night, to discuss further, 703-314-6475.


You should begin with a new IG complaint for the retaliation.;; 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.


No, you are barred from suing the US government.

You did not specify what you mean be retaliation or harassment. Have you contacted a JAG at the local legal service office, to chat about possible charges against individuals in your command? Jumping to IG it Congress for local command issues is rarely a solution to a service members problems.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Philip Douglas Cave

Philip Douglas Cave


After the new IG complaint you may have issues to present to the Board for Correction of Naval Records. Then, depending on that you may sue. But its not for the whistleblower claim. Keep in mind you can be prosecuted for false statements made to the IG or to Congress. That's you should talk to a lawyer when can help you navigate this complex process.


It sounds like you have several options at this stage, either way, you should document everything that is happening. Your communications with your congressional representatives are protected , but your command may try to go after you for some other misconduct. As Mr. Cave recommended, consider an IG; or another option is to file a complaint through your chain of command. Finally, you may also want to alert your Congress person that after contacting him/her - you are being punished. Contact an experienced military law attorney for further details, or for defense before any adverse action undermines your career progression.

This information is intended for public use only, it does not form an attorney-client relationship and it does not constitute legal advice. If you seek legal advice on military law issues, contact an military law attorney. My contact information is or 804-955-9867.

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