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Whistleblower Protection: Continuing Impediments to Protection of Military Members

NSIAD-95-23 Published: Feb 02, 1995. Publicly Released: Feb 02, 1995.
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Highlights

Pursuant to a congressional request, GAO reviewed the reprisal protection given to military whistleblowers, focusing on whether: (1) the system provides effective means for the investigation and disposition of alleged whistleblower reprisals; and (2) service members have a mechanism to challenge alleged reprisals that occurred before enactment of the whistleblower act.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Defense To ensure that all whistleblowers are afforded the type of protections provided under 10 U.S.C. 1034 and section 546, the Secretary of Defense should revise DOD Directive 7050.6 to require that: (1) the military service and local IGs refer allegations of reprisal against whistleblowers to DOD IG if an initial screening indicates that an allegation may have substantial merit; and (2) DOD IG uses the same procedures for referred cases of reprisal allegations as it uses for cases it investigates or delegates for investigation and approves all resulting reports.
Closed – Implemented
A revised DOD Directive was issued on August 12, 1995.
Department of Defense To ensure that all whistleblowers are afforded the type of protections provided under 10 U.S.C. 1034 and section 546, the Secretary of Defense should direct the service secretaries to expeditiously develop and implement regulations establishing clear and specific procedures related to whistleblower reprisals, including mental health evaluations, as required by DOD directives.
Closed – Implemented
The DOD IG took action to ensure that the service secretaries promptly issue regulations to implement DOD Directive 6490.1 and Section 546.
Department of Defense To ensure that all whistleblowers are afforded the type of protections provided under 10 U.S.C. 1034 and section 546, the Secretary of Defense should instruct the service secretaries and DOD IG to develop strategies to ensure that service members are informed of their rights, the extent of protection afforded, and the proper filing procedures relating to reprisal allegations for whistleblowing.
Closed – Implemented
Directives were issued, and a poster will be distributed throughout the services.
Department of Defense To ensure that all whistleblowers are afforded the type of protections provided under 10 U.S.C. 1034 and section 546, the Secretary of Defense should instruct BCMR to establish a code or a subcode within the BCMR index system for identifying cases and decisions involving whistleblower reprisal and involuntary mental health referrals and evaluations, as administratively required.
Closed – Implemented
An Army modification was approved for implementation on May 10, 1995, and forwarded to the Navy and Air Force on May 25, 1995.

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Topics

Employee demotionsEthical conductLabor relationsInspectors generalMilitary personnelPersonnel managementProgram abusesWhistleblowersMilitary forcesMental health