The inspector general system

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

(32.) Senior counsel include the Army General Counsel, The Judge Advocate General, Command Counsel of Army Material Command, and the Chief Counsel of the U.S. Army Corps of Engineers. AR 20-1, supra note 2, para. 8-3b(5).

(33.) Id. The DAIG Legal Advisor receives about twenty 1G complaints alleging professional misconduct against judge advocates annually. Interview with Janice Teasley, Information Release Specialist, U.S. Dep't of Army, Office of the Inspector General, in Arlington, Va. (July 15, 2003).

(34.) See AR 27-1, supra note 31, para. 8-2a.

   Mismanagement involves any action or omission, either intentional
   or negligent,
   that adversely affects the efficient and effective delivery of
   legal services, any misuse of government resources (personnel
   and material),
   or any activity contrary to operating principles established by
   Army regulations or TJAG policy memoranda. Mismanagement does not
   include mere
   disagreements over management "styles," or isolated instances
   of matters which
   have their own clear course of appeal and resolutions
   (for example, an OER or NCOER appeal), or which are purely
   discretionary (for example, an award recommendation).

Id.

(35.) AR 20-1, supra note 2, para. 8-3b(6).

(36.) Id. para. 4-4c. The regulation summarizes these questions as follows:

(1) Who?--The complaint involves an individual rather than an organization.

(2) Improperly?--The subject or suspect is alleged to have committed an improper action.

(3) Did or did not do what?--There is a behavior being described as improper.

(4) In violation of what standard?--There is a policy, regulation or law allegedly violated.

Id.

(37.) Potential subjects include soldiers and Department of the Army civilian employees. They do not include family members, contractors, and other civilians with no Army affiliation. U.S. DEP'T OF ARMY, INSPECTOR GENERAL AGENCY, TRAINING DIVISION IG SCHOOL, THE ASSISTANCE AND INVESTIGATIONS GUIDE [section] II, para. 2-4c (21 May 2001).

(38.) See generally AR 20-1, supra note 2.

(39.) Id. para. 4-4d.

(40.) U.S. DEP'T OF ARMY, REG. 600-100, ARMY LEADERSHIP para. 2-1a(13) (17 Sept. 1993). For example, a complaint that a commander habitually used profanity while screaming at subordinate soldiers might result in an allegation such as this one: "Captain X improperly failed to treat subordinate soldiers with dignity and respect by screaming profanities at them, in violation of Army Regulation 600-100, Army Leadership, Paragraph 2a(13)."

(41.) AR 20-1, supra note 2, para. 8-3b. If adverse action appears certain, an IG inquiry is not advisable because IG records may not be used for adverse action without TIG approval. The Inspector General may only approve such a use of IG records if a follow-on investigation would be unduly burdensome, futile, or disruptive. Id. para. 3-3. If the alleged misconduct is not suitable for investigation by military police or Criminal Investigation Command (CID) personnel, the SJA may recommend an investigation. See generally U.S. DEP'T OF ARMY, REG. 15-6, PROCEDURE FOR INVESTIGATING OFFICERS AND BOARDS OF OFFICERS (30 Sept. 1996).