The inspector general system

Army Lawyer, July-August, 2003 by Craig A. Meredith

Introduction

Imagine yourself as the Chief of Administrative Law at the 55th Division. In this capacity, you routinely advise the Inspector General (IG) on family support matters, and occasional ethics issues. Like most other judge advocates (JAs), you have received no formal instruction on the IG system, and have never reviewed Army Regulation 20-1, Inspector General Activities and Procedures. (2) The Division IG calls you at 1630 hours on a Friday. He has just received another complaint from the Chief of Staff's driver. A few weeks ago, the driver complained to the IG that the Chief of Staff directed him to pick up 55th Division Association membership lists and dues from the Brigade S1s during his lunch hour. After that complaint, the Chief of Staff gave the driver a reprimand and sent him back to his former unit. The IG needs your advice quickly. The Chief of Staff was just selected for promotion to Brigadier General and he will leave for his new assignment soon. How should the IG handle the new complaint? What advice will you give the IG?

Before you advise the IG, you must first understand what IGs do, and what they do not do. You must know how IGs develop allegations and how IG records may be used. The purpose of this article is to provide judge advocates with a basic understanding of the IG system.

What Does the IG Do?

The Inspector General (TIG) is assigned to the Office of the Secretary of the Army. (3) As directed by the Secretary or the Chief of Staff, TIG inquires into and reports upon the "discipline, efficiency, and economy of the Army." (4) The Department of the Army Inspector General (DAIG) office primarily accomplishes this mission through the work of three divisions: Inspections, Assistance, and Investigations. (5)

The Inspections Division conducts Army-wide inspections and reports to the Army Chief of Staff. In recent years, the Inspection Division has inspected or reviewed soldier readiness programs, risk management programs, anti-terrorism and force protection, extremist group activities, homosexual conduct policy implementation, and the events that occurred near the village of No Gun Ri during the Korean War. (6) The Assistance Division provides oversight over all inquiries or investigations concerning non-senior officials (colonel and below), including military whistleblower reprisal investigations. The Investigations Division conducts all IG inquiries and investigations into allegations against senior officials (i.e., promotable colonels, general officers, and senior executive service employees). (7) Commanders and IGs must report all allegations of impropriety or misconduct against senior officials, including criminal misconduct, to the DAIG Investigations Division within two days of receiving such allegations. (8)

Detailed IGs are assigned to units commanded by general officers. They serve as extensions of their commanders' eyes, ears, voices, and consciences. (9) They are "confidential advisers and fact-finders to their commander[s]." (10) At the MACOM and subordinate command levels, IGs conduct inquiries and investigations into alleged violations of policy, regulation, and law. They may inquire into allegations of mismanagement, unethical behavior, and fraud. (11) The Joint Ethics Regulation (JER) specifically tasks IGs with the investigation of ethics matters. (12)

Complaints made under the Military Whistleblower Protection Act (MWPA) (13) are also under the jurisdiction of the IG. (14) The MWPA prohibits taking or threatening to take retaliatory personnel actions against soldiers for communicating with members of Congress or IGs. It also prohibits retaliatory actions against soldiers for communications alleging violations of law or regulations made to law enforcement officials, the chain of command, equal opportunity officers, and other designated persons. (15) The DOD has issued guidance implementing the MWPA and tasked the Department of Defense Inspector General (DOD-IG) with the investigation and oversight of all whistleblower allegations. (16) The DOD-IG must approve all reprisal investigation reports. (17) Army guidance concerning the MWPA is found in Army Regulation 600-20, Army Command Policy. (18)

Under the MWPA, soldiers have the right to allege violations of law or regulation, including sexual harassment and unlawful discrimination, mismanagement, fraud, waste, and abuse of authority. There is no limit to the number of times a soldier may complain. (19) Some commanders do not understand the extent of the MWPA's protections. In some cases, Army lawyers may have also improperly advised their commanders about the MWPA. If, due to ignorance or poor judgment, a lawyer improperly recommends a retaliatory personnel action, such as a letter of reprimand, the lawyer will be considered a Responsible Management Official. (20) Such improper advice may result in a substantiated reprisal allegation against both the commander and the legal advisor. Army lawyers and commanders must understand that adverse actions may not be taken against whistleblowers for making complaints, except for complaints that contain knowingly false statements. (21)