Misc Pub 27-8 Legal Handbook Commander’s 2019
D. Military Members Protections
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ArmyDemLogProgramBriefing-Jan17
| D. Military Members Protections Cannot restrict servicemembers from making a protected communication with a Member of Congress an IG; a member of a DOD audit, inspection, investigation, or law enforcement organization. A protected communication is (1) Any lawful communication with a Member of Congress or an IG. (2) A communication in which a servicemember communicates information that he or she reasonably believes evidences a violation of law or regulation (including those prohibiting sexual harassment or unlawful discrimination, gross mismanagement, a gross waste of funds or other resources, an abuse of authority, or a substantial and specific danger to public health or safety. AR 600-20, para. The Military Whistleblower Protection Act (MWPA), 10 USC § 1034, protects Soldiers from reprisal for certain lawful communications. The MWPA prohibits taking (or threatening) an unfavorable personnel action, or withholding (or threatening to) a favorable personnel action, as a reprisal against a servicemember for making or preparing or being perceived as making or preparing any lawful communication to a Member of Congress or an Inspector General. The MWPA also prohibits taking (or threatening) an unfavorable personnel action, or withholding (or threatening to) a favorable personnel action, as a reprisal against a servicemember for making or preparing a communication to a Member of Congress, an Inspector General, a member of a Department of Defense audit, inspection, investigation, or law enforcement organization, a court-martial proceeding, or any other person or organization (including any person or organization in the chain of command) a Soldier complains of, or discloses information that the member reasonably believes constitutes evidence of a violation of law or regulation (including a law or regulation prohibiting rape, sexual assault, or other sexual misconduct, sexual harassment, or unlawful discrimination gross mismanagement gross waste of funds an abuse of authority a substantial and specific danger to public health or safety, or a threat by another servicemember or employee of the federal government that indicates an intent to kill or cause serious bodily injury to servicemembers or civilians or damage to military, Federal, or civilian property. Download 4.49 Mb. Share with your friends:
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