Military Whistleblower Protection. DODD-7050.6


Department of Defense

DIRECTIVE

NUMBER 7050.6

June 23, 2000

IG, DoD

SUBJECT:  Military Whistleblower Protection 

References:  (a)  DoD Directive 7050.6, subject as above,
August 12, 1995 (hereby canceled)

(b)  Chapter 47 and Sections 892, 1034, 1552, and 1553
of title 10, United States Code

(c)  Directive-type Memorandum, "Expanded Military Whistleblower
Protection," February 2, 1999 (hereby superseded)

(d)  Chapter 75, Section 552, and Appendix III of title
5, United States Code

(e)  DoD Directive 6490.1, "Mental Health Evaluations
of Members of the Armed Forces," October 1, 1997

(f)  DoD Directive 5505.6, "Investigations of Allegations
Against Senior Officials of the Department of Defense,"
July 12, 1991

1.  REISSUANCE AND PURPOSE 

This Directive:

1.1.  Reissues reference (a) to:

1.1.1.  Update policy and responsibilities for military
whistleblower protection under Section 1034 of reference
(b).

1.1.2.  Expand coverage under Section 1034 of reference
(b) to reprisal allegations submitted by members of
the Armed Forces to the Inspector General, Department
of Defense (IG, DoD), and to the Inspectors General
(IGs) within the Military Departments.

1.2.  Supersedes reference (c).

2.  APPLICABILITY AND SCOPE 

This Directive applies to the Office of the Secretary
of Defense, the Military Departments (including the
Coast Guard when it is operating as a Military Service
in the Navy), the Chairman of the Joint Chiefs of Staff,
the Combatant Commands, the Office of the Inspector
General of the Department of Defense, the Defense Agencies,
the DoD Field Activities, and all other organizational
entities within the Department of Defense (hereafter
referred to collectively as “the DoD Components”).

3.  DEFINITIONS 

Terms used in this Directive are defined in enclosure
1.

4.  POLICY 

It is DoD policy that:

4.1.  Members of the Armed Forces shall be free to make
a protected communication to:

4.1.1.  A Member of Congress.

4.1.2.  An IG.

4.1.3.  A member of a DoD audit, inspection, investigation,
or law enforcement organization; or

4.1.4.  Any other person or organization (including
any person or organization in the chain of command)
designated under Component regulations or other established
administrative procedures to receive such communications.

4.2.  No person shall restrict a member of the Armed
Forces from making a protected communication.

4.3.  Members of the Armed Forces shall be free from
reprisal for making or preparing a protected communication.

4.4.  No person may take or threaten to take an unfavorable
personnel action, or withhold or threaten to withhold
a favorable personnel action, in reprisal against any
member of the Armed Forces for making or preparing a
protected communication.

4.5.  Any violation of paragraph 4.4., above, by a person
subject to Chapter 47 of 10 U.S.C. (the Uniform Code
of Military Justice, reference (b)), is punishable as
a violation of Section 892 of 10 U.S.C. (Article 92
of the Uniform Code of Military Justice, "Failure to
obey order or regulation").   Civilian employees of
the Department of Defense who violate paragraph 4.4.,
above, shall be subject to disciplinary or adverse action
for misconduct pursuant to Chapter 75 of 5 U.S.C. (reference
(d)).

4.5.1.  The Secretaries of the Military Departments
shall issue regulations making punishable any violation
of the provision set forth in paragraph 4.4., above,
by a person subject to Chapter 47 of 10 U.S.C. (reference
(b)).

4.5.2.  The Secretaries of the Military Departments
shall ensure that any violation of the provision set
forth in paragraph 4.4., above, by civilian employees
under their respective jurisdictions are punishable
under regulations governing civilian employee disciplinary
or adverse actions.

5.  RESPONSIBILITIES 

No investigation is required when a member of the Armed
Forces submits a complaint of reprisal to an authorized
IG more than 60 days after the date that the member
became aware of the personnel action that is the subject
of the allegation.

5.1.  The Inspector General of the Department of Defense
shall investigate, or oversee DoD Component IG investigations
of, allegations that the prohibitions of paragraph 4.4.,
above, have been violated.   To ensure compliance with
Section 1034 of 10 U.S.C. (reference (b)) and this Directive,
the IG, DoD shall:

5.1.1.  Expeditiously determine whether there is sufficient
evidence to warrant an investigation of an allegation
submitted to the IG, DoD, or to a DoD Component IG other
than a Military Department IG, by a member or former
member of the Armed Forces that the prohibitions of
paragraph 4.4., above, have been violated.

5.1.2.  Receive notification from a Military Department
IG of reprisal allegations submitted to them by members
or former members of the Armed Forces and

expeditiously notify the Military Department IG concerned
of decisions to retain such allegations for investigation.

5.1.3.  Review determination by a Military Department
IG that investigation of an allegation submitted to
an IG within the Military Department concerned is not
warranted.

5.1.4.  Expeditiously initiate, or request the IG of
a DoD Component to initiate, an investigation when it
has been determined that investigation of an allegation
is warranted.   When the IG, DoD, requests the IG of
a DoD Component to conduct an investigation, ensure
that the IG conducting the investigation is outside
the immediate chain of command (as established under
Component regulations) of the member submitting the
allegation and the individual(s) alleged to have taken
the reprisal action.

5.1.5.  Review and approve the results of reprisal investigations
conducted by DoD Component IGs.   Initiate a follow-up
investigation to correct inadequacies, or ensure that
the DoD Component IG concerned corrects them, if the
review determines an investigation is inadequate.

5.1.6.  Issue a report of investigation within 180 days
of the receipt of an allegation of reprisal investigated
by the IG, DoD.   The report of investigation shall
include a thorough review of the facts and circumstances
relevant to the allegations, relevant documents acquired
during the investigation, and summaries of interviews
conducted.   The report may include a recommendation
as to the disposition of the complaint.   If a determination
is made that the report cannot be issued within 180
days, notify the Deputy Under Secretary of Defense for
Program Integration (DUSD(PI)) and the member or former
member of the reasons for the delay and when that report
will be issued.

5.1.7.  Notify the DUSD(PI) of the results of the investigation
and provide a copy of the report of investigation to
the member or former member not later than 30 days after
completion of the investigation.   A copy of the documents
acquired during the investigation and summaries of witness
testimony shall be transmitted to the member or former
member if he or she requests them.   The copy of the
report, and supporting documents, if requested, released
to the member or former member shall include the maximum
disclosure of information possible except what is not
required to be disclosed under Section 552 of 5 U.S.C.
(reference (d)).

5.1.8.  Advise the member or former member concerned
that he or she may request review of the matter by a
board for correction of military records (BCMR).

5.1.9.  At the request of a BCMR:

5.1.9.1.  Submit a copy of the report of investigation
to the BCMR.

5.1.9.2.  Gather further evidence.

5.1.10.  Conduct, or request a DoD Component IG to conduct,
a separate investigation of the allegations contained
in the protected communication when:

5.1.10.1.  Such an investigation has not been initiated;
or

5.1.10.2.  An investigation of the allegations contained
in the protected communication has been conducted and
the IG, DoD, determines the investigation was biased
or inadequate.

5.1.11.  When an investigation under paragraph 5.1.10.,
above, is required, notify the DUSD(PI) of the results
of the investigation and provide a copy of the report
of investigation to the member or former member not
later than 30 days after completion of the investigation.
  The report of investigation shall include a thorough
review of the facts and circumstances relevant to the
allegation; relevant documents acquired during the investigation,
and summaries of interviews taken.   A copy of the documents
acquired during the investigation and summaries of witness
testimony shall be transmitted to the member or former
member if he or she requests them.   The copy of the
report released to the member or former member shall
include the maximum disclosure of information possible
except what is not required to be disclosed under Section
552 of 5 U.S.C. (reference (d)).

5.2.  The Deputy Under Secretary of Defense for Program
Integration, under the Under Secretary of Defense for
Personnel and Readiness, shall:

5.2.1.  Receive reports on the results of investigations
conducted under this Directive and Section 1034 of 10
U.S.C. (reference (b)).

5.2.2.  On behalf of the Secretary of Defense, within
90 days of receipt of a request submitted under enclosure
2, section E2.3., review the final decision of the Secretary
of the Military Department concerned on applications
for correction of military records decided under this
Directive and Section 1034 of 10 U.S.C. (reference (b)),
and decide whether to uphold or reverse the decision
of the Secretary of the Military Department concerned.
  The decision on behalf of the Secretary of Defense
is final.

5.2.3.  Have access to all research, reports, investigations,
audits, reviews, documents, papers, or any other material
necessary to carry out the responsibilities assigned
to the DUSD(PI) by this Directive.

5.2.4.  If necessary, obtain for review and request
the Secretary of the Military Department concerned to
comment on evidence considered by a BCMR when the Secretary
of Defense is requested to reconsider the final decision
of the Secretary of the Military Department concerned.

5.2.5.  Notify the IG, DoD, and the Military Department
IG concerned, of decisions made for the Secretary of
Defense on requests submitted under enclosure 2, section
E2.3. and issue such DoD Instructions as may be necessary
to implement this section and the requirements of enclosure
2, section E2.3.

5.3.  The Secretaries of the Military Departments shall:

5.3.1.  Ensure that consideration of all military whistleblower
allegations submitted under Section 1034 of 10 U.S.C.
(reference (b)) shall be thorough, objective, and timely;
and that corrective actions shall be taken promptly.

5.3.2.  Ensure the Military Department IGs shall:

5.3.2.1.  Establish internal procedures for receiving,
reporting, and investigating, under Section 1034 of
reference (b), allegations that the provisions of paragraph
4.4., above, have been violated.

5.3.2.2.  Notify the IG, DoD, within 10 working days
of receiving an allegation that the provisions of paragraph
4.4., above, have been violated, and provide a copy
of the written complaint or a detailed summary of the
allegation.   When an allegation of reprisal is made
against a senior official of the Department of Defense,
the provisions of DoD Directive 5505.6 (reference (f))
shall also apply.

5.3.2.3.  Expeditiously determine whether there is sufficient
evidence to warrant an investigation of an allegation
that the prohibitions of paragraph 4.4., above, have
been violated.

5.3.2.4.  Forward to the IG, DoD, for review any determination
that there is not sufficient evidence to warrant investigation
of a reprisal allegation.   If the IG, DoD, concurs
with the determination of the Military Department IG
concerned that there is not sufficient evidence to warrant
investigation of the reprisal allegation under Section
1034 of reference (b), the Military Department IG concerned
shall notify the member making the reprisal allegation.

5.3.2.5.  Expeditiously initiate an investigation when
it has been determined that investigation of an allegation
under Section 1034 of 10 U.S.C. (reference (b)) is warranted,
or upon receiving a request from the IG, DoD.

5.3.2.6.  Within 180 days of receiving the allegation
from the member or receiving a request from the IG,
DoD:

5.3.2.6.1.  Investigate a reprisal allegation.

5.3.2.6.2.  Provide the IG, DoD, with the report of
investigation.   The report shall include a thorough
review of the facts and circumstances relevant to the
allegations, relevant documents acquired during the
investigation, and summaries of interviews conducted.
  The report may include a recommendation as to the
disposition of the complaint.   If a determination is
made that the report cannot be issued within 180 days,
notify the DUSD(PI), the IG, DoD, and the member or
former member of the reasons for the delay and when
the report will be issued.

5.3.2.7.  Notify the DUSD(PI) of the results of the
investigation and provide a copy of the report of investigation
to the member or former member not later than 30 days
after the IG, DoD, approves the report of investigation.
  A copy of the documents acquired during the investigation
and summaries of witness testimony shall be transmitted
to the member or former member if he or she requests
them.   The copy of the report, and supporting documents,
if requested, released to the member or former member
shall include the maximum disclosure of information
possible except what is not required to be disclosed
under Section 552 of 5 U.S.C. (reference (d)).

5.3.2.8.  Advise the member or former member concerned
that he or she may request review of the matter by a
board for correction of military records (BCMR).

5.3.2.9.  At the request of a BCMR:

5.3.2.9.1.  Submit a copy of the report of investigation
to the BCMR.

5.3.2.9.2.  Gather further evidence.

5.3.2.10.  Conduct a separate investigation into the
allegations contained in the member's protected communication
when:

5.3.2.10.1.  Such an investigation has not been initiated;
or

5.3.2.10.2.  An investigation of the allegations contained
in the protected communication has been conducted and
the Military Department IG concerned determines the
investigation was biased or inadequate.

5.3.2.10.3.  The IG, DoD, requests the investigation
be conducted.

5.3.2.11.  When an investigation under subparagraph
5.3.2.10., above, is required, notify the DUSD(PI) of
the results of the investigation and provide a copy
of the report of investigation to the member or former
member not later than 30 days after completion of the
investigation.   The report of investigation shall include
a thorough review of the facts and circumstances relevant
to the allegations, relevant documents acquired during
the investigation, and summaries of interviews taken.
  A copy of the documents acquired during the investigation
and summaries of witness testimony shall be transmitted
to the member or former member if he or she requests
them.   The copy of the report released to the member
or former member shall include the maximum disclosure
of information possible except what is not required
to be disclosed under Section 552 of 5 U.S.C. (reference
(d)).

5.3.2.12.  Ensure that the subject(s) of the investigation
of an allegation of reprisal conducted under this Directive
are afforded procedural protections, including the opportunity
to present matters in their behalf, incident to administrative
or disciplinary action, under Component regulations
or other established administrative procedures governing
such action.

5.3.2.13.  Publicize the content of this Directive to
ensure that members of the Armed Forces and other DoD
personnel fully understand its scope and application.

5.3.3.  Based on the IG report of investigation, take
corrective action, to include providing assistance to
members preparing an application to a BCMR, when implementation
of the recommendations of the report requires action
by a BCMR.   Notify the IG, DoD, of corrective action
taken within 10 working days of taking such action.

5.3.4.  Ensure that the BCMR shall:

5.3.4.1.  Consider applications for the correction of
military records at the request of a member or former
member, or otherwise, who alleged that the prohibitions
of paragraph 4.4., above, have been violated.

5.3.4.2.  In resolving such an application:

5.3.4.2.1.  Review the report by the IG under paragraph
5.1.6. and subparagraph 5.3.2.6.2., above, and subparagraph
5.4.1.3., below.

5.3.4.2.2.  Request the IG, DoD, or the Military Department
IG concerned to gather further evidence.

5.3.4.2.3.  Receive oral argument, examine and cross-examine
witnesses, take depositions, and, if appropriate, conduct
a hearing.   If a hearing is held, the requirements
of enclosure 2, section E2.2., shall apply.

5.3.4.2.4.  If the BCMR determines that a personnel
action was in reprisal under this Directive, it may
recommend to the Secretary of the Military Department
concerned that disciplinary action be taken against
the individual(s) responsible for such personnel action.

5.3.5.  Issue a final decision on an application received
under this Directive within 180 days after the application
is filed.   If the Secretary of the Military Department
concerned fails to issue a final decision within that
time, the member or former member shall be deemed to
have exhausted the administrative remedies under Section
1552 of 10 U.S.C. (reference (b)).

5.3.6.  Advise the member or former member that he or
she may request review of the matter by the Secretary
of Defense, under paragraph 5.2., above, and enclosure
2, section E2.3., and that such a request must be made
within 90 days of receipt of a decision by the Secretary
of the Military Department concerned on the matter.

5.3.7.  Order such action, consistent with the limitations
in Sections 1552 and 1553 of reference (b), to correct
the record of a personnel action prohibited by paragraph
4.4., above.

5.3.8.  Notify the IG, DoD, and the Military Department
IG concerned, of a decision on an application for the
correction of military records received from a member
or former member of the Armed Forces under this Directive
and of any disciplinary action taken.

5.4.  The Heads of the DoD Components (other than the
Secretaries of the Military Departments) shall:

5.4.1.  Ensure that the DoD Component IG (as applicable)
shall:

5.4.1.1.  On receipt of an allegation from a military
member that the provisions of paragraph 4.4., above,
have been violated, advise the member that the allegation
shall be forwarded to the IG, DoD.

5.4.1.2.  Forward the allegation to the IG, DoD, for
determination of whether investigation of the allegation
is warranted.   When an allegation of reprisal is made
against a senior official of the Department of Defense,
the provisions of DoD Directive 5505.6 (reference (f))
shall also apply.

5.4.1.3.  At the request of the IG, DoD, investigate
the allegation of reprisal and provide the IG, DoD,
within 180 days of the request, the report of investigation.
  The report shall include a thorough review of the
facts and circumstances relevant to the allegations,
relevant documents acquired during the investigation,
and summaries of interviews conducted.   The report
may include a recommendation as to the disposition of
the complaint.   The copy of the report submitted to
the IG, DoD, for release to the member or former member
shall include the maximum disclosure of information
possible except what is not required to be disclosed
under Section 552 of 5 U.S.C. (reference (d)).

5.4.1.4.  At the request of the IG, DoD, investigate
the allegations contained in the member's protected
communication.   The report of investigation shall include
a thorough review of the facts and circumstances relevant
to the allegations, relevant documents acquired during
the investigation, and summaries of interviews conducted.
  The report may include a recommendation as to the
disposition of the complaint.   A copy of the report
for release to the member or former member shall be
submitted to the IG, DoD, not later than 30 days after
completion of the investigation, and shall include the
maximum disclosure of information possible except what
is not required to be disclosed under Section 552 of
5 U.S.C. (reference (d)).

5.4.2.  Based on the IG report of investigation, take
corrective action, to include providing assistance to
members preparing an application to a BCMR, when implementation
of the recommendations of the report requires action
by a BCMR.   Notify the IG, DoD, of corrective action
taken within 10 working days of taking such action.

5.4.3.  Ensure that the subject(s) of the investigation
of an allegation of reprisal conducted under this Directive
are afforded procedural protections, including the opportunity
to present matters in their behalf, incident to administrative
or disciplinary action, under Component regulations
or other established administrative procedures governing
such action.

5.4.4.  Publicize the content of this Directive to ensure
that members of the Armed Forces and other DoD personnel
fully understand its scope and application.

6.  EFFECTIVE DATE 

This Directive is effective immediately.

Enclosures - 2 

E1.  Definitions

E2.  Requirements

E1.  ENCLOSURE 1

DEFINITIONS

E1.1.1.  Audit, Inspection, Investigation, and Law Enforcement
Organizations.   The law enforcement organizations at
any command level in any of the DoD Components, the
Defense Criminal Investigative Service, the U.S. Army
Criminal Investigation Command, the Naval Criminal Investigative
Service, the Air Force Office of Special Investigations,
the U.S. Army Audit Agency, the Naval Audit Service,
the Air Force Audit Agency, and the Defense Contract
Audit Agency.

E1.1.2.  Board for Correction of Military Records (BCMR).
  Any board empowered under Section 1552 of 10 U.S.C.
(reference (b)) to recommend correction of military
records to the Secretary of the Military Department
concerned.

E1.1.3.  Corrective Action.   Any action deemed necessary
to make the complainant whole; changes in Agency regulations
or practices; administrative or disciplinary action
against offending personnel; or referral to the U.S.
Attorney General or court-martial convening authority
of any evidence of criminal violation.

E1.1.4.  Inspectors General (IGs).   

E1.1.4.1.  The Inspector General of the Department of
Defense.

E1.1.4.2.  The Military Department Inspectors General.
  These include the Inspector General of the Army; the
Naval Inspector General; the Inspector General of the
Air Force; and the Deputy Naval Inspector General for
Marine Corps Matters.

E1.1.4.3.  Inspectors General within the Military Departments.
  These include the Inspectors General named in subparagraph
E1.1.4.2., above, and Inspectors General assigned or
detailed under regulations of the Secretary concerned
to serve at any command level in one of the Armed Forces.

E1.1.4.4.  DoD Component Inspectors General (other than
Military Department Inspectors General).   These include
the Inspectors General assigned or detailed at any command
level in one of the DoD Components other than the Military
Departments.

E1.1.4.5.  An Inspector General appointed under Appendix
III of 5 U.S.C. (reference (d)).

E1.1.5.  Member of Congress.   Besides a Senator or
Representative, includes any Delegate or Resident Commissioner
to the Congress.

E1.1.6.  Member or Member of the Armed Forces.   All
Regular and Reserve component officers (commissioned
and warrant) and enlisted members of the Army, the Navy,
the Air Force, the Marine Corps, and the Coast Guard
(when it is operating as a Military Service in the Navy)
on active duty; and Reserve component officers (commissioned
and warrant) and enlisted members in any duty or training
status (includes officers and enlisted members of the
National Guard).

E1.1.7.  Personnel Action.   Any action taken on a member
of the Armed Forces that affects or has the potential
to affect that military member's current position or
career.   Such actions include a promotion; a disciplinary
or other corrective action; a transfer or reassignment;
a performance evaluation; a decision on pay, benefits,
awards, or training; referral for mental health evaluations
under DoD Directive 6490. 1 (reference (e)); and any
other significant change in duties or responsibilities
inconsistent with the military member's rank.

E1.1.8.  Protected Communication 

E1.1.8.1.  Any lawful communication to a Member of Congress
or an IG.

E1.1.8.2.  A communication in which a member of the
Armed Forces communicates information that the member
reasonably believes evidences a violation of law or
regulation, including 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, WHEN such communication is made to any of the
following:

E1.1.8.2.1.  A member of Congress, an IG, or a member
of a DoD audit, inspection, investigation, or law enforcement
organization.

E1.1.8.2.2.  Any other person or organization (including
any person or organization in the chain of command)
designated under Component regulations or other established
administrative procedures to receive such communications.

E1.1.9.  Reprisal.   Taking or threatening to take an
unfavorable personnel action, or withholding or threatening
to withhold a favorable personnel action, for making
or preparing a protected communication.

E1.1.10.  Senior Official.   Active duty, retired, Reserve,
or National Guard military officers in grades O-7 and
above, current or former members of the Senior Executive
Service, and current and former DoD civilian presidential
appointees.

E1.1.11.  Unlawful Discrimination.   Discrimination
on the basis of color, national origin, race, religion
or sex, as set forth in Section 1034 of 10 U.S.C. (reference
(b)).

E1.1.12.  Whistleblower.   A member of the Armed Forces
who makes or prepares to make a protected communication.

E2.  ENCLOSURE 2

REQUIREMENTS

E2.1.  FILING A COMPLAINT OF REPRISAL 

To be considered under this Directive, members or former
members of the Armed Forces may submit complaints of
reprisal (as defined in enclosure 1, definition E1.1.9.)
to the IG, DoD, or an IG within a Military Department.
  Complaints of reprisal made to DoD Component IGs other
than the IG, DoD, or an IG within a Military Department
shall be forwarded to the IG, DoD.

E2.1.1.  Time Limits.   No investigation is required
when a member of the Armed Forces submits a complaint
of reprisal to an authorized Inspector General more
than 60 days after the date that the member became aware
of the personnel action that is the subject of the allegation.

E2.1.2.  Address.   Complaints of reprisal to the IG,
DoD, may be made by telephone at (800) 424-9098, by
email at hotline@dodig.osd.mil, or by letter addressed
as follows:

Department of Defense Inspector General

ATTENTION:   Defense Hotline

1900 Defense Pentagon

Washington,  DC   20301-1900

 

E2.1.3.  Content of Complaint.    To assist in the review
of the complaint, provide as much of the following information
as possible.   For additional guidance, visit the DoD
Hotline web site at www.dodig.osd.mil/hotline/index.html.

E2.1.3.1.  Member's full name, rank, duty title, organization,
duty location, commercial or Defense Switches Network
(DSN) telephone numbers, and residence telephone number
and mailing address for receipt of correspondence from
the IG, DoD, or Military Department or other DoD Component
IG.

E2.1.3.2.  A copy of the protected communication (as
defined in enclosure 1, definition E1.1.8.) and any
reply about the matter.   If a copy is not available,
include

the date of the protected communication, to whom the
protected communication was made, the content of the
protected communication, and whether the matter was
investigated, when and by whom.

E2.1.3.3.  Identify the personnel action(s) (as defined
in enclosure 1, definition E1.1.7.) taken, withheld,
or threatened to be taken or withheld.   Provide documentation
about the personnel action or describe the type of personnel
action and the date such action occurred.

E2.1.3.4.  Provide to the extent possible the full name,
rank and/or grade, duty title, organization, duty location,
and commercial or DSN telephone number of the officials
responsible for signing, taking, recommending, or influencing
the personnel action at issue.   Indicate why and how
any official involved in the personnel action knew of
the protected communication.

E2.1.3.5.  List key witnesses and the information they
have that will establish the personnel action at issue
was in reprisal for making or preparing a protected
communication; include commercial and DSN telephone
numbers or other information on how to contact the witnesses.

E2.1.3.6.  Provide any other information in support
of the allegations.   If possible, provide a chronology
of events, including the date of the protected communication
and dates of all subsequent personnel actions taken,
withheld, or threatened to be taken or withheld.

E2.2.  HEARING HELD BY A BCMR 

If a BCMR elects to hold an administrative hearing under
subparagraph 5.3.4.2.3. of this Directive, the member
or former member who filed the application:

E2.2.1.  May be represented by a judge advocate if all
of the following conditions exist:

E2.2.1.1.  The IG investigation finds there is probable
cause that a personnel action was in reprisal for a
member of the Armed Forces making or preparing a protected
communication.

E2.2.1.2.  The Judge Advocate General concerned determines
that the case is unusually complex or otherwise requires
judge advocate assistance to ensure proper presentation
of the legal issues in the ease.

E2.2.1.3.  The member is not represented by outside
counsel retained by the member.

E2.2.2.  May examine witnesses through depositions,
serve interrogatories, and request the production of
evidence, including evidence in an IG investigative
record not included in the report released to the member
or former member.

E2.3.  APPEAL TO THE SECRETARY OF DEFENSE 

A member or former member of the Armed Forces who has
filed an application for the correction of military
records under Section 1034 of 10 U.S.C. (reference (b))
alleging reprisal for making or preparing a protected
communication may request review by the Secretary of
Defense of the final decision of the Secretary of the
Military Department concerned on such application under
this section and subparagraph 5.2.2. of this Directive.

E2.3.1.  Requests based on factual allegations or evidence
not previously presented to the cognizant BCMR shall
not be considered.

E2.3.2.  New allegations or evidence must be submitted
directly to the BCMR for reconsideration under procedures
established by the BCMR.

E2.3.3.  Content of Appeal.   The appeal to the Secretary
of Defense must be in writing and include the following:

E2.3.3.1.  Member's full name, rank, duty title, organization,
duty location, and commercial or DSN telephone numbers.

E2.3.3.2.  A copy of the application to the BCMR and
the final decision by or for the Secretary of the Military
Department concerned on such application.

E2.3.3.3.  A statement of the specific reasons why the
member or former member is not satisfied with the decision
of the Secretary of the Military Department concerned
and the specific remedy or relief requested.

E2.3.4.  Time Limits.   The request for review by the
Secretary of Defense must be submitted within 90 days
of receipt of the final decision by or for the Secretary
of the Military Department concerned.

E2.3.5.  Address.   Address requests for review by the
Secretary of Defense as follows:

Deputy Under Secretary of Defense for Program Integration

Attention:   Director, Legal Policy

4000 Defense Pentagon

Washington,  DC   20301-4000