Isabella Carter
The US Army's EO complaint process is governed by AR 600-20, Chapter 6, which covers complaints involving discrimination based on race, colour, sex, gender identity, national origin, religion, or sexual orientation. EO complaints can be resolved informally or formally, with formal complaints requiring a DA Form 7279 to be filed with the Military Equal Opportunity Representative within 60 days of the incident. The Army's EO complaint process can have severe consequences, including elimination or separation from the Army, so it is recommended that individuals involved in the process consult with a lawyer.
| Characteristics | Values |
|---|---|
| Governed by | AR 600-20, Chapter 6 |
| Types of discrimination covered | Race, color, sex (including gender identity), national origin, religion, sexual orientation |
| Informal complaints | Can be resolved by anyone, including a member of the chain of command, someone outside of the chain of command, a peer, or an Equal Opportunity Representative |
| Formal complaints | Filed on a DA Form 7279 |
| Formal complaint deadline | Within 60 days of the incident |
| Commander's role | Informed within 3 days of receiving the complaint, appoints an investigation, creates a reprisal plan |
| Investigation timeline | Completed within 60 days, with possible extensions |
| Results notification | Commander informs both the subject and complainant, complainant can obtain a redacted copy of the report |
| Appeals | Can be filed within 7 days of receiving results, first to Brigade Level Command, then to General Officer level of Command |
| Consequences | Adverse actions, initiation of elimination or separation, potential career-ending impact |
| Protection | Retaliation and reprisal complaints handled by IG and taken directly to the CG |
| Recommendation | Consult a lawyer due to severe consequences |
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What You'll Learn
Discrimination based on race, colour, sex, national origin, religion, or sexual orientation
Discrimination is prohibited based on race, colour, sex, national origin, religion, or sexual orientation. This includes discrimination based on gender identity, gender expression, pregnancy, transgender status, and marital status. The Army EO Complaint Process addresses any complaints involving these types of discrimination.
The Army EO Complaint Process is governed by AR 600-20, Chapter 6. Complaints can be resolved at the lowest level, but if they are not, a complainant can file a formal or informal complaint. An informal complaint can be resolved by anyone, including a member or someone outside of the chain of command, a peer, or an Equal Opportunity Representative, and can also be resolved using the procedures of AR 15-6. A formal complaint is filed on a DA Form 7279 and should be filed with the Military Equal Opportunity Representative within 60 days of the incident. The subject's Commander must be informed within 3 days of receiving the complaint, and they will appoint an investigation within 5 days. The investigation should be completed within 60 days, but extensions can be granted.
After the investigation, the Commander must inform both the subject and the complainant of the results. Both parties can appeal the investigation results twice, first to the Brigade Level Command and then to the General Officer level of Command. Appeals must be filed within 7 days of receiving the notification of the investigation results. The Army EO Complaint Process is officially over after all appeals are decided or not filed.
A substantiated EO complaint can result in adverse action for the subject, including initiation of elimination or separation. Given the potential severity of the outcomes, it is recommended that the subject of an EO complaint consult with a lawyer.
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Informal and formal complaints
An Equal Opportunity (EO) complaint in the army refers to any complaint involving discrimination based on race, colour, sex (including gender identity), national origin, religion, or sexual orientation. The Army EO Complaint Process is governed by AR 600-20, Chapter 6.
Informal and formal EO complaints are both valid ways to address discrimination within the army. The main difference lies in the level of formality and the procedures followed.
An informal complaint is not filed on a DA Form 7279. Instead, it can be resolved by anyone, including a member or someone outside of the chain of command, a peer, or an Equal Opportunity Representative. Informal complaints offer a flexible approach, allowing for resolution through various channels. This can include following the procedures outlined in AR 15-6, which provides a structured framework for handling complaints.
On the other hand, a formal complaint is a more official process and is filed on a DA Form 7279 with the Military Equal Opportunity Representative. Within 3 days of receiving the formal complaint, the subject's Commander must be informed. Formal complaints should typically be filed within 60 days of the incident, but Commanders have the discretion to investigate complaints made after this period. The Commander will appoint an investigation, create a reprisal plan, and ensure that the subject is informed. The investigation should generally be completed within 60 days, although extensions can be granted if needed.
Regardless of whether an informal or formal complaint is made, it is important to note that both can have significant consequences. A substantiated EO complaint can result in adverse actions, such as elimination or separation from the army, and it is recommended that the subject of a complaint seeks legal counsel to navigate the process.
The option to file an informal or formal EO complaint empowers soldiers to address discrimination and ensures that their voices are heard. It is important to understand the procedures and potential outcomes of each process to make informed decisions and promote a fair and respectful environment within the army.
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The role of the Military Equal Opportunity Representative
The U.S. Army Equal Opportunity (EO) Program was established to address and prevent discrimination within the military based on race, colour, religion, sex, national origin, reprisal, disability, age, sexual orientation, gender identity, status as a parent, or other impermissible bases. The program includes the establishment of EO offices on military bases to handle discrimination reporting and investigations. EO representatives are non-commissioned officers who are appointed by Army command and must pass a background check and complete sensitivity and legal training.
Military Equal Opportunity Representatives play a crucial role in the EO Program. They are responsible for fostering awareness among soldiers and conducting company, battalion, and brigade-level training. This training includes role-playing, videoing, and situational-based exercises designed to address racial, sexual, and cultural sensitivity. EO representatives are held accountable for the racial, sexual, and cultural sensitivity within their respective units.
In addition to their training and awareness-raising responsibilities, EO representatives serve as advocates, mediums, and decision-makers for cases of discrimination. They can assist soldiers in understanding and navigating the EO complaint process, which can be formal or informal. Formal complaints must be filed within 60 days of the incident on a DA Form 7279, while informal complaints can be resolved by anyone, including members of the chain of command, peers, or EO representatives themselves.
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The investigation process
The first step in the investigation process is to determine the level at which the EO complaint should be resolved. According to Paragraph 6-6 of the governing regulations, EO complaints should ideally be resolved at the lowest level. This could involve informal resolution through mediation or dialogue, facilitated by anyone from within or outside the chain of command, a peer, or an Equal Opportunity Representative.
If the issue cannot be resolved informally, a formal complaint can be filed using DA Form 7279. This form should be submitted to the Military Equal Opportunity Representative, who will then inform the subject's Commander within 3 days. Formal EO complaints should typically be filed within 60 days of the incident(s) in question, although Commanders have the discretion to investigate complaints made after this timeframe.
Upon receiving a formal complaint, the Commander will initiate an investigation using the procedures outlined in AR 15-6. The Commander will appoint an investigating officer and create a reprisal plan to address any potential retaliation concerns. The investigation process should be completed within 60 days, although extensions can be granted by higher levels of Command if needed.
During the investigation, the appointed officer will gather evidence, interview relevant individuals, and review applicable policies and regulations. The process aims to thoroughly examine the allegations, ensure due process, and determine the facts of the case. The investigation should be impartial and thorough, seeking to understand the context, impact, and potential motivations behind the alleged discriminatory actions.
Once the investigation is completed, the Commander is responsible for informing both the subject and the complainant of the results. The complainant has the right to request a redacted copy of the investigating officer's report. Both parties can appeal the investigation results twice: first to the Brigade Level Command and then to the General Officer level of Command. Appeals must be filed within 7 days of receiving notification of the investigation results or the first appeal results.
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Appeals and adverse actions
The Army EO complaint process is governed by AR 600-20, Chapter 6, and concerns complaints involving discrimination based on race, colour, sex (including gender identity), national origin, religion, or sexual orientation. If an EO issue is not resolved at the lowest level, a complainant can file either a formal or informal complaint, thus formally initiating the Army EO complaint process.
Both the complainant and the subject can appeal the investigation results twice. The first appeal is typically to the Brigade Level Command, and the second is to the General Officer level of Command. Appeals must be filed within 7 days of receipt of the notification of either the investigation results or the first appeal results. After all appeals are decided, or not filed, the Army EO Complaint Process is officially over.
The AR gives details on appeals, allowing complainants to appeal any findings of unsubstantiation due to a failure to reveal or examine all the facts of the case, or that the actions taken by the command were insufficient to resolve the complaint. However, complainants may not appeal on the basis that actions taken against the offenders were inadequate. An Army appeal is to be "brief" and submitted on DA Form 7279 to the CO who conducted the investigation or appointed the IO. That CO then has 3 days to refer the appeal to the appellate authority, who has 14 days to review the case and provide written "feedback" to the appellant.
A substantiated EO complaint (informal or formal) can result in adverse action for the subject. Common adverse actions resulting from a substantiated complaint include GOMORs, Article 15s, Referred NCOERs, and Referred OERs. Additionally, substantiated EO complaints typically result in the initiation of elimination (Officers) or separation (Enlisted). Given the severe, potentially career-ending consequences, any subject of an Army EO complaint should immediately consult a lawyer.
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Frequently asked questions
Any complaints involving discrimination based on race, colour, sex (including gender identity), national origin, religion, or sexual orientation are considered EO complaints.
An EO complaint investigation is constituted when a formal EO complaint is filed within 60 days of the incident in question. A Commander can still investigate any complaint made after this 60-day period.
The Army EO Complaint Process is governed by AR 600-20, Chapter 6. An EO complaint should first be attempted to be resolved at the lowest level. If this is not possible, a complainant can file either a formal or informal complaint, formally starting the Army EO Complaint Process.
A formal EO complaint is filed on a DA Form 7279. This form should be filed with the Military Equal Opportunity Representative within 60 days of the incident in question. Within 3 days of receiving the complaint, the subject's Commander must be informed.
After the investigation is completed, the Commander must inform both the subject and the complainant of the investigating officer's results. Both parties can appeal the investigation results twice. A substantiated EO complaint can result in adverse action for the subject, such as initiation of elimination or separation.
