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

Tacoma, WA |

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?

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Filed under: Appeals
Attorney answers 3


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.;; 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.



Yes I did attempt to appeal the eval but the board leaned heavily on the IG investigation results which were unfounded. The memo from my rater was not given any credibility due to his signature on the report signifying his agreeance to the rating as per the regulation. I did a packet last month to the Army Board of Corrections but was informed that this process can take years for a decision. I was only able to get three of the witness statements back at this point and am running out of time as I am scheduled to discharge in January.


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.


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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