Are The Protections Under The Military Whistleblower's Protection Act Broken?

SFC Jeff Wonser — Thu, 16 Jul 2015 13:37:03 -0400

"Title 10 U.S.C. § 1034, as amended, prohibits any person from taking, withholding, or threatening any personnel action against a member of the Armed Forces as reprisal for making or preparing any protected communications. A protected communication is any lawful communication to a Member of Congress or an Inspector General, 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 Forces reasonably believes reports a violation of law or regulation (including sexual harassment, unlawful discrimination, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial or specific danger to public health or safety)".

Having read the law as it is stated, have you or somebody you know been a victim of a reprisal after making a protected communication?

I was the victim of a reprisal action whereas I made a Congressional inquiry against my command, and although my issue was resolved, I received a downgraded NCOER on my way out the door (3/2 senior rating) on a PCS move due to a compassionate reassignment. They also withheld my PCS award. Their excuse... some trumped up blame they placed on me, and with weeks to leave out, I had little choice but to sign the report so that further damage was not dealt out to my career. Under a microscope is how I would describe the situation post-inquiry.

I managed to get a memorandum from my rater where he stated that he did not write the report and was told to sign the report without question. I attempted to get the NCOER taken from my record to no avail twice. I initiated an IG investigation, but nothing. You see, the protections for the offender trump the protections for the victim in these cases. Without the person in question (a high-ranking Colonel) admitting that they broke the law, there is little to nothing one can do. If they deny it, that is all that is needed. There are no real protections from a reprisal action within the military hierarchy.

I am just interested if anyone has had any success with these cases? It seems like an uphill battle. The end results for me, was selection through the QSP board, no retirement, and really nothing to show for my 14+ years of service other than combat PTSD? Anyone?

Also, does anyone know of any good lawyers as I have twice submitted an appeal through the ABCMR, and although I have received a split 2/1 vote, I did lose my last look and have the Federal Courts as the only avenue left to get this resolved? I have been fighting this injustice for over 5 years and I am ready to reach out for some assistance. Thanks in advance.

Response by SGT Private RallyPoint Member made Jul 16 at 2015 1:44 PM

SGT Private RallyPoint Member — Thu, 16 Jul 2015 13:44:49 -0400

I would say yes, in theory they are a great idea but in practicality they are broken and they are protecting the perpetrator of abuse and the industrial complex of the war machine

Response by COL Charles Williams made Jul 16 at 2015 2:26 PM

COL Charles Williams — Thu, 16 Jul 2015 14:26:18 -0400

SFC Jeff Wonser Yes I do.
- If you believe you were victim Reprisal, you need file a complaint via the DODIG Hotline - Plain and simple. DODIG is the proponent, not DA. They will either investigate, or task HQDA to investigate. If the source is a Colonel, the DODIG and DAIG have special branches that deal with Senior Leaders, and another for General Officers.
- If the local IG has failed you, then this makes sense. I would recommend it.
- I had a Whistleblower Reprisal Complaint made against me in 2005/6, which was BS, and not the point here. The DAIG substantiated all of the allegations (again BS) against me and added a few for good measure. I had to make a counter complaint against the DAIG via the DODIG. I can explain further, if you like.
- I got the DAIG findings overturned, because I complained to the DODIG about the DAIG - Under the Whistleblower Reprisal Provisions. The DODIG IG findings - stated "The DAIG erred in their findings, and all their witnesses were less than credible.” They directed the DAIG to change the findings and records for the areas they (DODIG) were the proponent for, but could not direct the Army to change areas the Army was the proponent for. This was completed in Sep 08… I was flagged for over 3 years.
- I had too had to go to ABCMR for redress, and they directed the DAIG to change their records, based on the DODIG findings.
- No one believed I could ever get the DAIG to change a thing.
If you need help, message me.

http://www.dodig.mil/hotline/

DoD IG - The Department of Defense Hotline

The mission of the DoD Hotline is to provide a confidential, reliable means to report violations of law, rule or regulation, mismanagement, gross waste of funds, abuse of authority, and classified information leaks involving the Department of Defense; as well as the detection and prevention of threats and danger to the public health and safety of the Department and our Nation.

Response by 1SG Private RallyPoint Member made Jul 16 at 2015 3:45 PM

1SG Private RallyPoint Member — Thu, 16 Jul 2015 15:45:32 -0400

Unfortunately, Yes! I've experienced and seen it for myself. I had a Soldier, another senior NCO come to me for assistance with one of the senior leaders (integrity concerns down range), knowing that the person in question was pals with the Bde XO (our senior rater). I was also concerned about my eval as well, but took the SFC's concerns to the XO, who stated he would look take care of the issue. The XO did address the issue. My Rater also had issues with the XO for belittled my Rater, when he, the XO, would be stressed and upset with my rater, on more than one occasion. I approached thr XO about this issue as well. Long story short, I thought we were able to resolve these issues with direct leader communication. In the end i received a bland SR right up with an OK 2/1 rating on my Annual eval (4 excel and 1 suc from rater). My spouse (dual mil) has asked me on numerous occasions to not confront issues because of the covert reprisal that can't be proven. She was right that time. Its the covert reprisals, that cant be proven, that keep whistle blowers from coming forward. I personally believe in the hard right over the easy (What, I didn't see anything.) out.