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Utilizing UCMJ Article 138

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D

DNBUT25

Guest
What is the name of your state? Texas

Anyone who could walk me through this process would be of great assistance. This is a follow-up to a "Military Law" posting of Commanders refusal to properly investigate a formal EO complaint (posted 20 July 04). I am all out of options and the command is clearly not in compliance with AR 600-20, chapter 6, appendix E and will not comment on why I am not being afforded due process in accordinance with Army Command Policy. The Commander surely does not have the authority to dismiss the procedures laid out in AR 600-20 in regard to this matter.
 
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rmet4nzkx

Senior Member
I am not an attorney, nor familiar with military law, here is the text of your previous question, your wording makes it difficult to provide an answer and you don't state the nature of the EO complaint:

"Does anyone know what rights the soldier has when the Army Chain of Command (COC) refuses to follow Army Command policy Army Regulation (AR) 600-20, Chapter 6, and Appendix E in the matter of investigating a formal EO complaint. As I read and interpreted AR 600-20 ther is not much room for error. The original complaint was submitted and accepted by Army Reserve leadership on 6 February 2004 and to this day a AR 15-6 investigation has yet to be conducted and a final report has yet to be issued. However, I have submitted damning evidence to the most senior officials in the Army and Army Reserve Equal Opportunity (EO) and Inspector General leadership community and no one seems to be on high alert to a repeating pattern of failure to abide by Army Command Policy is occuring. The Army only has one way of laying out this process and they are not enforcing EO complaint procedures in regard to my submitted and accepted complaint. Now it seem to deepen into a civil rights violations because my case has not been afforded due process. What is a service member to do?"

Some investigations take months to complete and in some cases you may not be contacted until there is some need to know.

This sometimes happens with complaints, you turn in a complaint but it doesn't get processed for some reason or there is a backlog, vacations, deployment, leaves. Did you turn in the compliant on the required forms and receive any formal acknowledgment of receipt?

Have you called to follow up and see if it has been assigned for investigation?

Have you resubmitted, amended, or provided mor evidence to the complaint?

Are there any requirements for processing a complaint insofar as time?

If you have taken all reasonable measures to make your complaint with no response, have you skippped a level in the COC, have you contacted the EEOC?
 

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