1. FORMAL COMPLAINT. Anyone
receiving a formal complaint must forward the complaint to the
Equal Opportunity Advisor (MADADMIN 438/15). There are several avenues to
used to seek formal redress. The most effective avenue to use will depend on
the circumstance surrounding the situation and personnel involved. Selection of
the avenue to use will be decided by the complaint.
Click here to reach an Equal Opportunity Advisor
a. Request Mast. To
seek assistance from or communicate grievances to a Commanding Officer
or to the individuals Commanding General. The request mast will normally
be conducted within one working day, but no later than three working days,
after the initial submission. MCO 1700.23F, Request Mast, provides specific
guidance for Request Mast procedures.
b. Article 138, UCMJ Complaint. An individual who alleges wrong (s)
committed by their Commanding Officer may file a formal complaint under Article
138, UCMJ. Commanders should consult with the Staff Judge Advocate (SJA) when
processing a complaint under Article 138.
Click here to reach the SJA
c. Article 1150, Redress of Wrong
(s) Committed by a Superior. An individual may also file a complaint
against any other superior, in rank or command, who the individual believes
committed a wrongdoing (U.S. Navy Regulations, Article 1150). Commanders should
consult with the SJA when processing a complaint under Article 1150.
d. Communication with the Inspector General. As an alternative to the
normal chain of command, military or civilian personnel may lodge complaints
and provide facts to the local Command Inspector. Complaints may be lodged with
representatives of the Deputy Navy Inspector General or to representative of
the Deputy Naval Inspector General for Marine Corps Matters/Inspector General
of the Marine Corps (DNIGMC), DSN 224-1348/49 or commercial (703) 614-1348/49,
concerning violations of laws, rules, and regulations; abuse of authority; or
misconduct. Marine Corps Installations East Command IG is DSN 750-6700 or
commercial (910) 450-6700.
Click here to Submit an IG Complaint
e. Individual Communication with
Congress. Individuals may write a personal letter to members of Congress at any
time concerning EO issues.
Click here for a link of
"How to submit a Congressional Inquiry"
2. It is the responsibility of the
Commanding Officer of the alleged offender to conduct a thorough investigation
and take appropriate action. It is the responsibility of the command in which
the complaint was received to ensure a Discrimination and Sexual Harassment
(DASH) report it initiated.
<<<<<<<<<COMPLAINT TIME
LINES>>>>>>>>>>
3. The following established timelines
will be adhered to when conducting investigations into formal allegations
of discrimination or sexual harassment in accordance with MCO P5354.1D w/ch1:
a. All formal complaints should be filed within 60 days of the
alleged incident occurring by the person making the allegation.
b. Within 3 working days or 72 hours of a Commander receiving a
formal complaint or notification of a formal complaint, the command must:
appoint an investigating officer (IO) in writing, inform the complainant an
investigation has commenced and notify the next higher in the chain of command
with General Court Martial Convening Authority that an investigation has
commenced.
c. Within 14 calendar days of commencing the investigation, the IO
will have his or her investigation complete, to include a Staff Judge Advocates
Review and an Equal Opportunity Advisors review. If the investigation and
required reviews are not completed within 14 days, the command will submit a
written request for extension from the Commanding General with GCMA.
d. The commander has 6 days upon completion of the investigation
and review to forward a finally written report containing the result of the
investigation, as well as any actions taken, to the next superior officer in
the chain of command with GCMA. The report will include a statement from the
complaint that indicated their satisfaction or dissatisfaction with the
resolution. Within 20 calendar days of commencing the investigation, the
complaint must be resolved. Resolution includes completion of the
investigation, determination of validity of the charges (substantiated or
unsubstantiated). Throughout the investigation, updates (feedback) will be
provided to the complainant every 14 days.
e. On day 20 (since the complaint was lodged), an initial
Discrimination and Sexual Harassment Report (DASH) will be sent to CMC (MPE)
via the commands Equal Opportunity Advisor.
f. Only one extension (maximum of 30 days) is allowed and must be
approved by the unit's immediate Commanding General. This authority will not be
abdicated.
g. Upon final resolution of the complaint, a complete DASH Report
must be submitted to the CMC (MPE) with the case disposition/resolution via the
commands EOA.
Complaint Procedures Reference: MCO P5354.1D w/ch 1 Pages: 5-3 through
5-8