IN A DEPLOYED JOINT ENVIRONMENT It is recommended a

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IN A DEPLOYED JOINT ENVIRONMENT It is recommended a Powered By Docstoc
					                                                        IN A DEPLOYED/JOINT ENVIRONMENT
    It is recommended a written Memorandum of Agreement (MOA) or Memorandum of Understanding (MOU) be in place between all parties that defines
                                ownership of the procedures and responsibilities for the EO Program within the command.

                  This matrix was created by the Defense Equal Opportunity Management Institute November 2006 (Reviewed April 2007)

   USE FOR REFERENCE ONLY Military Services' Complaint Processing Procedures USE FOR REFERENCE ONLY
           ARMY                        MARINE CORPS                       NAVY                            AIR FORCE                    COAST GUARD
         AR 600-20                                                    OPNAVINST 5354.1                    AFI 36-2706               Informal: COMDTINST
   Army Command Policy                                                    Series                                                          M5350.4B
     Chap 6, 7 & App E                 MCO P5354.1D                                                                                  Formal: COMDTINST
      DA Form 7279-R                                                NAVPERS Form 5354/2            Formal: AF IMT Form 1587       M5350.4B/DHS Office of Civil
       (Formal Only)                                                   (Formal Only)             Informal: AF IMT Form 1587-1        Rights Civil Liberties


   INFORMAL COMPLAINT              INFORMAL COMPLAINT              INFORMAL COMPLAINT               INFORMAL COMPLAINT              INFORMAL COMPLAINT

Document on Memorandum For Document on Memorandum For           Document on Memorandum For      Document and track on AF Form • Document on Pre-Complaint
Record (MFR)               Record (not mandatory)               Record                          1587-1                          Intake Form (revised 09-05)
                                                                                                                              • EOA or Equal Employment
                                                                                                                                Opportunity (EEO) Counselor
                                                                                                                                counsel military or civilian
                                                                                                                                members IAW Chapter 3,
                                                                                                                                M5350.4B



    FORMAL COMPLAINT                FORMAL COMPLAINT                FORMAL COMPLAINT                 FORMAL COMPLAINT                FORMAL COMPLAINT

   Notification Procedures         Notification Procedures         Notification Procedures          Notification Procedures         Notification Procedures

Receiving commander must        For formal discrimination/Sexual • Notify unit commander within • For formal SH complaint, must • File formal complaint with
notify General Court Marshall   Harassment (SH) complaints,           24 hours                       notify GCMCA within 72 hours   USCG Area Civil Rights
Convening Authority (GCMCA)     commander must appoint an           • Notify GCMCA within 72 hours • For other EO complaints,       Director within 15 days of
using the chain of command      investigating officer (IO) within 3                                  notify commander as soon as    Notice of Right to File
within 72 hours (must be        working days and inform                                              possible                       Discrimination Complaint
documented on MFR)              GCMCA in writing with the                                          • MEO office will conduct      • Complaint will be endorsed
                                following:                                                           clarification                  and forwarded to Department
                                • Description of allegation                                                                         of Homeland Security (DHS)
                                • Name of IO                                                                                        for acceptance or dismissal
                                         MARINE CORPS
      ARMY (Continued)                                                       NAVY (Continued)             AIR FORCE (Continued)              COAST GUARD (Continued)
                                          (Continued)

      Procedures For                    Procedures For                       Procedures For                  Procedures For                       Procedures For
         Handling                          Handling                             Handling                        Handling                             Handling
  Complaints And Timelines          Complaints And Timelines             Complaints And Timelines        Complaints And Timelines             Complaints And Timelines

Commander can conduct an          • 14 days for the investigation to   • Assign advocates to           • If SH, the clarification must be   Military and civilian: DHS
Inquiry                             include legal and EO                 complainant, accused and        completed within 14 days           investigation completed, Report
                OR                  sufficiency reviews                  witness(es)                   • Other EO cases, notify             of Investigation (ROI) prepared,
• Commander can assign an IO      • 6 days for the commander to        • Assign IO within 72 hours       commander as soon as               reviewed, issued and
  (must be a commissioned or        determine if complaint is            (same rank as accused, but      possible and upon completion       transmitted to parties within 180
  warrant officer)                  substantiated or                     must be an E-7 or above)      • 9 days for military equal          days of investigation
• Commander must conduct a          unsubstantiated and forward        • UPDATES REQUIRED                opportunity office (MEO)
  reprisal counseling with          results and action taken to        • Within 72 hours to chain of     clarification
  complainant, accused, witness     GCMCA                                command                       • 6 duty days for legal review
  (es) and any key leaders        • 20 days from commencement          • 20 days after receiving       • 5 duty days for commander
  involved in the investigation     of investigation for                 complaint                       action
• EOA must input formal             Discrimination and Sexual          • 14 days thereafter until
  complaint into the DA             Harassment (DASH) report             completion
  Database                          submission to HQMC
• Investigation must be           • Only one extension allowed
  completed within 14 calendar      (maximum of 30 days) must
  days                              be requested through GCMCA
• Extension can be granted by     • Commencement of
  next higher commander as          investigation for DASH Report
  long as it does not exceed 30     submission to HQMC
  days
• Additional extensions or
  extensions exceeding 30 days
  must be approved by GCMCA


Procedures Upon Completion        Procedures Upon Completion           Procedures Upon Completion      Procedures Upon Completion           Procedures Upon Completion
      Of Investigation                  Of Investigation                     Of Investigation                Of Investigation                     Of Investigation

• EOA review (must be on          • Legal sufficiency review           • EOA review                    • Legal review                       • Civilian complainant can
  MFR)                            • EO sufficiency review              • Legal review                  • Commander’s decision                 (within 30 days) elect EEOC
• Legal review                    • Commander’s final written                                                                                 hearing or Final Agency
• Commander’s decision              report (forward to                                                                                        Decision (FAD)
                                    commanding general)                                                                                     • If no election in 30 days, DHS
                                  • DASH report submitted to                                                                                  has 60 days to issue FAD
                                    HQMC                                                                                                    • For military complainant, there
                                                                                                                                              is 90 days to issue FAD if no
                                                                                                                                              informal resolution upon
                                                                                                                                              receipt of ROI
                                    MARINE CORPS
      ARMY (Continued)                                             NAVY (Continued)         AIR FORCE (Continued)            COAST GUARD (Continued)
                                     (Continued)

           Follow-Up                   Follow-Up                       Follow-Up                    Follow-Up                          Follow-Up
          Procedures                  Procedures                      Procedures                   Procedures                         Procedures

• 30-45 Days                 Provide updates every 14 days   • 30-45 days                • Follow-up required within 30     Full-time CRO/EOA to follow-up
• Use DA Form 7279-1         to complainant                  • Use NAVPERS Form 5354/2     days                             as requested/needed
                                                               (Attachment 2 from        • Use AF IMT Form 1587
                                                               OPNAVINST 5354.1)

           Appeals                      Appeals                         Appeals                      Appeals                            Appeals

7 days to appeal                                             7 days to appeal            • Informal complaint timeline to   • Military can accept FAD or file
                                                                                           appeal is 30 calendar days         a Request for Reconsideration
                                                                                           (the appeal would be in the        with DHS within 30 days of
                                                                                           form of or upgrade to a formal     receipt of FAD
                                                                                           complaint only).                 • Civilians can accept FAD or
                                                                                         • For Formal Complaints there        within 30 days, file a Request
                                                                                           is also a 30 calendar day          for Reconsideration with DHS,
                                                                                           window. The appeal will go         or within 30 days appeal to
                                                                                           through the MEO office to the      EEOC, etc.
                                                                                           first level (IC). Retirees and
                                                                                           family members have no
                                                                                           appeal rights
        Assessments                  Assessments                     Assessments                  Assessments                        Assessments

• Within 90 days of taking   • Within 90 days of taking      Recommended upon            • Within 6 months of assuming      Within 180 days of change of
  command for unit level       command for unit level        assumption of command and     command                          command
  commander and yearly         commander                     periodically throughout     • Every 2 years
  thereafter                 • Annual EO data summary        commander’s tenure          • Upon commander request
• Optional for battalion       sheet due November 15
  commanders and above