Reprisal (Military Whistleblower Protection)

Select one of these topics:

What is Military Whistleblower protection?
What is reprisal?
What are the four questions that an investigator must examine before conducting a reprisal complaint?
What is a protected communication?
What is a personnel action?
What employees are covered?
Is there a time limit within which a service member must file a complaint?
What are the applicable statutes/regulations that apply to Military Whistleblower protection?
To whom do I report a complaint if someone has taken an adverse personnel action against me as a result of making a protected communication?
IG point paper on Whistleblower/Reprisal Guidance

What is Military Whistleblower protection?

The Military Whistleblower Protection Act, Title 10 U.S.C. 1034, as amended, prohibits interference with a military member’s right to make protected communications to members of Congress; Inspectors General; members of DoD audit, inspection, investigation or law enforcement organizations; and other persons or organizations (including the chain of command) designated by regulation or administrative procedures. A protected communication is any lawful communication to a Member of Congress or an IG, as well as any communication made to a person or organization designated under competent regulations to receive such communications, which a member of the Armed Services reasonably believes reports a violation of law or regulation (including sexual harassment, unlawful discrimination, mismanagement, a gross waste of funds or other resources, abuse of authority, or a substantial or specific danger to public health or safety.

What is Reprisal?

When a responsible management official takes (or threatens to take) an adverse personnel action or withholds a favorable personnel action or withholds a favorable personnel action from a service member because he/she made or was thought to have made a protected communication.

What are the four questions that an investigator must examine before conducting a reprisal complaint?

Protected Communication?
Adverse Personnel Action
Management Knowledge
Reprisal or Independent Basis for Action

What is a protected communication?

Any lawful communication made to:

Members of Congress
Inspectors General

These communications do not have to disclose information concerning wrongdoing.

What is a personnel action?

A personnel action is any action taken on a member of the Armed Forces that affects or has the potential to affect that service member’s current position or career.

Examples of personnel actions include:

- Performance evaluations;

- Transfer or reassignment;

- Changes to duties or responsibilities;

- Disciplinary or other corrective actions;

- Denial of reenlistment or separation;

- Decisions concerning awards, promotions or training;

- Decisions concerning pay or benefits; or,

- Referrals for mental health evaluation.

Additional examples of personnel actions are revocation of:

- Access to classified material;

- Authorization to carry weapons;