Assistance - United States Army

Assistance - United States Army

The IG Assistance Function Special Cases & Considerations AR 20-1, Chapter 6, plus A&I Guide, Part One, Chapters 3 through 9 Part Two STEP 2 Determine IG Appropriateness Assistance Part Two Step 2 Preliminary Analysis Identify Issues / Allegations Determine IG Appropriateness Open Case in IGARS Acknowledge Receipt Select a Course of Action (Obtain Authority)

Bottom Line: Some complaints are not IG appropriate! U.S. Army Inspector General School 2 Not IG Appropriate ELO 5 Assistance Part Two Non-Army-related issues (A&I Guide, Sect. 3-1) EO complaints (with exception) (A&I Guide, Sect. 3-2) Hazardous work conditions (A&I Guide, Sect. 3-3) Redress available through other channels (A&I Guide, Sect. 3-4) (due-process) Criminal allegations (with exception) (A&I Guide,

Sect. 3-5) Soldier nonsupport of Family (A&I Guide, Sect. 3-10) Redress available to DoD civilians (A&I Guide, Chapters 5 and 6) AR 20-1, para. 6-3a-k U.S. Army Inspector General School 3 Not Local IG Appropriate Senior Official Allegations Assistance Part Two Allegations against COL(P) and General Officer Senior Executive Service (SES) civilian Professor, USMA Report to DAIG Investigations Division within 2

working days Do NOT conduct ANY fact-finding Prior to entering an Information IGAR, contact Investigations Division, at (703) 545-4556 Do not name the senior official or complete a Standard IGAR! AR 20-1, para. 7-1l, 1-4b (5) (d) and A&I Guide, Part One, Sect. 3-6 U.S. Army Inspector General School 4 Not Local IG Appropriate Professional Allegations Assistance Part Two Army lawyers (military or civilian) refer to DAIGs Legal Advisor (AR 20-1, para. 7-1i (4)-(5)) IGs refer to next higher IG (AR 20-1, para. 7-1j)

Medical, CID Agents, Recruiters, Chaplains, etc. (A&I Guide, Part One, Sect. 3-8) U.S. Army Inspector General School 5 Not Local IG Appropriate Assistance Part Two Intelligence Activities Allegations against Members of Special-Access Programs (SAP) Members of Sensitive Activities (SA) Report to DAIGs Intelligence Oversight Division within 2 working days AR 20-1, para. 1-4b (5) (e) A&I Guide, Part One, Sect. 3-7

U.S. Army Inspector General School 6 Intelligence Activities / Systems IGARs Processing Assistance Part Two Tech Channel: Unit SSO or DAIGs Intelligence Oversight Division for IGARs involving: Questionable Intelligence Activities Above Unclassified level Verbal Supporting Documentation Spillage Non-Intelligence Activities in classified system / area Security Clearances U.S. Army Inspector General School 7 Information IGAR

Assistance Part Two Requests for Information and IG-to-IG Support Document man-hours for IG-Staff coordination and Inspections Opened / Closed on same day Single screen input Cannot be converted to a Standard IGAR If the issue has an associated Function code, use a Standard IGAR U.S. Army Inspector General School 8 Family Nonsupport NOT IG Appropriate Assistance Part Two

Regulation: AR 608-99, Family Support, Child Custody, and Paternity Commanders Responsibilities (AR 608-99): ELO Counsel Soldier Respond in writing to complainant within 14 days ... and much more 6 IGs Responsibilities (AR 20-1, para. 6-3a): Ensure Familys immediate needs are met Ensure Soldiers commander is aware Do NOT retain bank information Do NOT become an advocate

ELO 7 U.S. Army Inspector General School 9 Family Nonsupport Make Your Job Easier Assistance Part Two Teach and train on AR 608-99 Company Commander and First Sergeant Course Officer Professional Development / Noncommissioned Officer Development Program Newcomers Orientation Pre-deployment Training / Briefings Available resources

Family Readiness Groups (FRG) Army Community Services (ACS) Army Emergency Relief (AER) Chaplain DEERS / ID Card Station Red Cross Local Churches, Food Shelters http://www.militaryonesource.com/ U.S. Army Inspector General School 10 Private Indebtedness NOT IG Appropriate Assistance Part Two

Command issue (DODI 1344.09) IGs role is to assist in properly routing the complaint If complainant already initiated action, continue only if commander has not responded AR 20-1, para. 6-3b U.S. Army Inspector General School 11 Processing IGARs Not Appropriate for IGs ELO 5 Assistance Part Two Thoroughly analyze the complaint to identify

all issues Determine if the complainant has attempted to use the appropriate appeal process or agency -- if not, advise him / her to do so Complete DA Form 1559 -- open & close case in IGARS database (unless classified) Look for possible systemic issues AR 20-1, para. 6-3 U.S. Army Inspector General School 12 Civilian IGARs Civilian Employee Categories Assistance Part Two Appropriated Fund (APF) Governed by Office of Personnel Management (OPM)

Nonappropriated Fund (NAF) AR 215-3, NAF Personnel Policies and Procedures AR 20-1, para. 6-3c and e A&I Guide, Part One, Chap. 5 and 6 U.S. Army Inspector General School 14 Civilian Employee Categories Assistance Part Two (continued) Local Nationals (LN) Status of Forces Agreement (SOFA) Contractors Statement of work determines avenue of redress Check with Contracting Officer or Contracting Officer Representative (COR)

Check with the SJA AR 20-1, para. 6-3c and e A&I Guide, Part One, Chap. 5 and 6 U.S. Army Inspector General School 15 Civilian IGARs which are Usually NOT IG Appropriate Assistance Part Two ELO 5 Grievances: Refer to Civilian Personnel Advisory Center (CPAC) Appeals of Adverse Action: Refer to CPAC Discrimination or Harassment Complaints: Refer to Equal Employment Opportunity (EEO) Whistleblower Reprisal: Referral depends on status (more during investigations) AR 20-1, para. 6-3h

A&I Guide, Part One, Sect. 6-1 U.S. Army Inspector General School 16 Assistance Part Two Civilian IGARs which May Be IG Appropriate Matters not directly affecting the employment situation or well-being of the individual: Third-party complaints Misconduct Mismanagement AR 20-1, para. 6-3h A&I Guide, Part One, Sect. 6-1 U.S. Army Inspector General School 17 IG Decision Matrix for DoD Civilian Complaints

Assistance Part Two Receive IGAR and determine appropriateness * Yes No Grievance Yes Refer complainant to local CPAC for information and assistance No Appeal an adverse action Process complaints or allegations

against a third party, reports of misconduct, mismanagement, or matters requiring command attention Enter in IGARS & Close Case Yes No EEO Advise to contact EEOdo not work this action Yes No Retaliation or

Reprisal Yes Yes Whistleblower Advise to contact OSC or DoD IG No Enter in IGARS take no further action A&I Guide, Part One, Sect. 6-2 U.S. Army Inspector General School 18 Civilian Cases Assistance Part Two

Always analyze entire IGAR to determine if IG action is necessary to correct regulatory violation or systemic problem Where does the IG go for advice? Local Civilian Personnel Advisory Center / Civilian Personnel Operations Center http://cpol.army.mil/library/permiss/ Staff Judge Advocate Equal Employment Opportunity A&I Guide, Part One, Sect. 6-1 U.S. Army Inspector General School 19 Summary Assistance Part Two ELO 5. Identify issues and allegations that are not appropriate for the IG, and describe how the IG must process those IGARs. ELO 6. Describe the commanders role in receiving

and resolving non-support cases in accordance with AR 608-99. ELO 7. Describe the IGs role in receiving and resolving non-support cases in accordance with AR 20-1. U.S. Army Inspector General School 20 Miscellaneous Issues Request to Withdraw a Complaint ELO 8 Assistance Part Two Ask:

Why Punishment or reprisal Someone else working the issue Issue is resolved Obtain a written withdrawal request IG decides whether or not to continue AR 20-1, para. 6-2e A&I Guide, Part One, Sect. 4-1 U.S. Army Inspector General School 22 Untimely IGARs

ELO 9 Assistance Part Two Timely Manner ~ Effective Resolution A IGAR is untimely" if: Date of awareness is more than one year ago OR The event occurred more than three years ago AR 20-1, para. 6-1e A&I Guide, Part One, Sect. 4-2 U.S. Army Inspector General School 23 Untimely IGARs (continued) Assistance Part Two

For an untimely IGAR, the local IG will: Local IG will: Complete a DA Form 1559 Open case in IGARS ( Information IGAR for senior official involvement, no names ) Analyze for all issues / allegations (PA) Inform complainant that the IGAR is untimely (case notes) Decide whether or not to work Close case in IGARS Except . . . AR 20-1, para. 6-1e A&I Guide, Part One, Sect. 4-2 U.S. Army Inspector General School 24 Untimely IGARs (continued) Assistance Part Two

Exception: If the event occurred between 3-5 years ago and ... Complainant insists Special Army interest IG will: Complete a DA Form 1559 Open case in IGARS (Information IGAR for senior official involvement) Analyze for all issues / allegations (PA) Inform complainant that the IGAR is untimely (case notes) Forward for Army Command (ACOM), Army Service Component Command (ASCC), or Direct Reporting Unit (DRU) IG to decide whether or not to work the case AR 20-1, para. 6-1e Close case in IGARS A&I Guide, Part One, Sect. 4-2

U.S. Army Inspector General School 25 Untimely IGARs (continued) Assistance Part Two Exception: If the event occurred more than 5 years ago and ... Complainant insists Special Army interest IG will: Complete a DA Form 1559 Open case in IGARS (Information IGAR for senior official involvement) Analyze for all issues / allegations (PA) Inform complainant IGAR is untimely (case notes) Forward to TIG (SAIG-AC) to decide if IG will work the case or if other action is necessary.

AR 20-1, para. 6-1e Close case in IGARS A&I Guide, Part One, Sect. 4-2 U.S. Army Inspector General School 26 Untimely IGARs Examples Assistance Part Two Date of Event Complainant Aware Date to IG Timeliness 10 Jan 00

11 Mar 01 1 Apr 01 Timely 10 Jan 00 11 Mar 01 1 Apr 02 Untimely (Local IG decides) Less than one year More than one year

10 Jan 00 11 Mar 03 1 Apr 03 Untimely (ASCC, DRU, ACOM IG decides) 1 Apr 05 Untimely (TIG decides) More than three years 10 Jan 00 11 Mar 00

More than five years AR 20-1, para. 6-1e A&I Guide, Part One, Sect. 4-2 U.S. Army Inspector General School 27 Timeliness Assistance Part Two Complaint Knowledge > 1 year Event > 3 years Timely Work Case Don't Work (IG decision)

Close Case IG thinks matter warrants addressing? Event < 3 yrs = Local IG Event 3-5 yrs = ACOM, ASCC, DRU IG Event > 5 yrs = TIG U.S. Army Inspector General School 28 Habitual Complainants Assistance Part Two Pen / Phone Pals Analyze Impartial, Unbiased, & Independent New, same, same with new information Decide if: Open new case, no action required, reopen

Dont ignore AR 20-1, para. 6-2b A&I Guide, Part One, Sect. 4-3 U.S. Army Inspector General School 29 Abusers of the IG System Assistance Part Two Complainants responsibility to present truthful information BUT if documented history of: Submitting baseless, unfounded complaints Pattern of presenting false, malicious, deceptive, or defamatory complaints THEN the Command IG -- with Directing Authoritys approval -- may request that all future correspondence be in writing only Inform DAIG Assistance Division

AR 20-1, para. 6-2f A&I Guide, Part One, Sect. 4-4 U.S. Army Inspector General School 30 Morale Assessments Assistance Part Two Assessing morale is a key aspect of an IGs charter and a critical barometer for helping commanders determine the overall mission readiness of their organizations. Command climate focuses primarily on leaders while morale focuses on the led. Morale includes matters that are beyond the unit itself and apply to the Army as an institution. Sensing Sessions, Surveys and Questionnaires, and Observation. A&I Guide, Part One, Chapter 10

U.S. Army Inspector General School 31 OoR vs. OoI Assistance Part Two Office of Record (OoR) Responsible for the IGAR Final notifications Final approval r e n w O Office of Inquiry (OoI)

Assists the OoR in gathering data Does NOT send final notifications r e p l Vertical echelon e command IGH A&I Guide Part, One, page I-2-38, channels DoD Hotline page I-9-2 and I-9-12 U.S. Army Inspector General School 32 Congressionals Assistance Part Two

Just Another Way to Write-In U.S. Army Inspector General School 33 Complainants Letter to Member of Congress (MoC) Assistance Part Two MoC Office Congressional Correspondence Flowchart: Command Channels Office of the Chief of Legislative Liaison (OCLL) Command Channels

A&I Guide, Part One, Sect. 7-1 Command Channels Fort Von Steuben Congressional Inquiries Office 34 Congressional Correspondence Flowchart: IG Channels Complainants Letter to Member of Congress (MoC) Assistance Part Two

MoC Office Office of the Chief of Legislative Liaison (OCLL) DAIG Assist Div OoR IG Channels OoI AR 20-1 para. 6-1f (1) and A&I Guide, Part One, Sect. 7-1 Fort Von Steuben Inspector General Office OoI 35

Complainants Letter to Member of Congress (MoC) Assistance Part Two MoC Office Office of the Chief of Legislative Liaison (OCLL) Congressional Correspondence Flowchart: National Guard IG (Federal Matters) DAIG Assist Div

OoR NGB IG OoI AR 20-1, para. 6-6c and d A&I Guide, Part One, Sect. 7-1 State IG Office OoI 36 Complainants Letter to Member of Congress Assistance Part Two (MoC) MoC Office Congressional

Correspondence Flowchart: National Guard IG (State Matters) State IG Office AR 20-1, para. 6-6c and d A&I Guide, Part One, Sect. 7-1 37 Coordination -- How to Prevent Duplication of Work Assistance Part Two During a complainants interview (Step 1: Receive the IGAR), the complainant tells the IG that he or she wrote to their MoC Contact the local congressional liaison office

If congressional liaison office is already working the case through command channels, then that office will continue to work the case Inform complainant that a response will come from the MoC and the IG will not provide a response U.S. Army Inspector General School 38 Coordination (continued) Assistance Part Two DAIGs Assistance Division refers a Congressional Inquiry, but local IG already completed that case and closed it Contact Assistance Division and provide case number of closed case Send supporting documents as required to Assistance Division for final response to MoC U.S. Army Inspector General School 39

Coordination (continued) Assistance Part Two DAIGs Assistance Division refers a Congressional Inquiry, but the local IG is currently working the case for the complainant Inform complainant that the final response will come through Member of Congress (MoC) Send completed case to Assistance Division for final response to Member of Congress (MoC) U.S. Army Inspector General School 40 Coordination (continued) Assistance Part Two

DAIGs Assistance Division refers a Congressional Inquiry, but the local Congressional Liaison Office has already worked the issue through command channels Contact Assistance Division and explain Review previous response for completeness (all issues and allegations addressed?) Forward copy of previous response to Assistance Division for final response to MoC U.S. Army Inspector General School 41 Coordination (continued) Assistance Part Two Local IG receives Congressional Inquiry through a local congressional liaison office Contact Assistance Division Command channels more appropriate?

If so, have local Congressional office re-task If not, DAIGs Assistance Division will have OCLL re-task through IG channels A&I Guide, Part One, Sect. 7 U.S. Army Inspector General School 42 White House (Presidentials) Assistance Part Two Yet Another Way Complainants Write-In U.S. Army Inspector General School 43 Complainants Letter to President (or email to www.whitehouse.gov) Assistance Part Two White House

Liaison Office Complainant White House Correspondence Flowchart: IG Channels DAIG Assist Div OoR IG Channels OoI Fort Von Steuben IG Office A&I Guide, Part One, Chap. 8 OoI

44 Department of Defense Hotline Assistance Part Two DoDI 7050.01 AR 20-1, para. 6-1f (3), para. 7-4a A&I Guide, Part One, Chap. 9 U.S. Army Inspector General School 45 Complainant contacts DoD Hotline Assistance Part Two DoD Hotline DAIG Assist Div DoD Hotline

Case (Action) Flowchart: IG Channels Complainant completes FOIA request through DoD IG for answer OoR IG Channels OoI A&I Guide, Part One, Chap. 9 Fort Von Steuben IG Office OoI 46

DoD Hotline Case (Information) Flowchart: IG Channels Complainant contacts DoD Hotline Assistance Part Two DoD Hotline DAIG Assist Div If Assistance Inquiry or Investigation results in "F" or "S", the Case converts to an Action Case. DAIG becomes OoR.

IG Channels A&I Guide, Part One, Chap. 9 Fort Von Steuben IG Office OoR 47 DoD Hotline Cases Assistance Part Two Do D ER Do HC D R

DoD IG decides: Action vs. Information Cases DAIG vs. CIDC (criminal) DoD program -- different formats MUST be used (A&I Guide, Part One, Chap. 9) Extension Request (ER) Hotline Completion Report (HCR) Call DAIG Assistance Division DoD Hotline Branch (703) 545-1845 U.S. Army Inspector General School 48 Unique to DoD Hotline Cases Assistance Part Two DoD Hotline referral is releasable "to persons with the need to know for the purpose of

providing a response to the DoD IG." Timeliness rules do not apply. The local IG will not make the final acknowledgment to the complainant. Very few areas are "not IG appropriate" when referred by DoD. U.S. Army Inspector General School 49 Hotline Completion Report Assistance Part Two The Local IG will follow the Inspector General Action Process as outlined in The Assistance and Investigations Guide. The format of the report submitted to DoD is different from the Report of Investigation / Investigative Inquiry. DoDIG is the final approval authority for all cases originating in their office.

U.S. Army Inspector General School 50 Hotline Completion Report Format Assistance Part Two Administrative Data Scope of Examination, Findings, Conclusions, and Recommendations(Issue(s) / Allegation(s)) Cite Criminal or Regulatory Violations Substantiated Disposition Additional Notification Information See The Assistance and Investigations Guide, Part One, Chapter 9, pages I-9-13 through I-9-15. U.S. Army Inspector General School 51 Summary Assistance Part Two

ELO 8. Describe the actions an IG should take when a complainant withdraws a complaint. ELO 9. Describe what constitutes an untimely IGAR and the procedures for processing an untimely IGAR. U.S. Army Inspector General School 52 IG Records AR 20-1, Chapter 3 What is an IG Record? Assistance Part Two Any written or recorded IG work-product Includes: Correspondence Documents received from complainants

IG reports Inspector General Network (IGNET) computer files IG notes and working papers AR 20-1, para. 3-1 U.S. Army Inspector General School 54 Nature of IG Records ELO 10 Assistance Part Two All Army IG records are property of Secretary of the Army, including USAR IG records ARNG IG records concerning Federal matters IGs maintain records on SecArmys behalf

The Inspector General (TIG) is designated release authority AR 20-1, para. 3-1 U.S. Army Inspector General School 55 IG Records - For Official Use Within Dept. of the Army Assistance Part Two Local IG may release TO Stipulation Inspections Report Directing Authority

Redacted ROI / ROII Directing Authority No adverse actions Certain Records / Information Follow-on DA Investigator Maintain Impartiality; do not ID complainant

Nature of allegations Readily Available Documents List of witnesses and brief synopsis of their relevant testimony (such as AR 15-6 IO, CID, MPI, FLIPL, etc.) AR 20-1, para. 3-5d U.S. Army Inspector General School 56 IG Records and Adverse Action ELO 11 Assistance Part Two

IG records are not used as a basis for adverse action . . . EXCEPT as approved by TIG on a by-exception basis AR 20-1, para. 3-3 U.S. Army Inspector General School 57 Request to Use IG Records for Adverse Action Assistance Part Two IG office with the records submits request to: DAIG Records Release Office (SAIG-ZXR) Identify precisely which records are requested and why. State why a follow-on investigation would be unduly burdensome, disruptive, or futile.

AR 20-1, para. 3-3 U.S. Army Inspector General School 58 Adverse Action Assistance Part Two "Any personnel action, administrative or judicial, that takes away an entitlement, results in an entry or document added to the affected person's official personnel records that boards or superiors could consider negative, or permits the affected person to rebut or appeal the action." AR 20-1, Glossary, Section II, Terms U.S. Army Inspector General School 59 IG Records Release Authority

ELO 12 Assistance Part Two Only TIG can authorize release outside of IG channels Your CG cant do it Your local FOIA office cant do it R e IG co r ds AR 20-1, para. 3-1 U.S. Army Inspector General School 60 Release of IG Records Outside Dept. of the Army Assistance Part Two

As a limited exception, information can be extracted from IG records to: Respond to requests for advice, assistance, or information Answer complaints Prepare closure letters Personal info may be used only if authorized under the Privacy Act AR 20-1, para. 3-5b U.S. Army Inspector General School 61 Release of IG Records Outside Dept. of the Army Assistance Part Two Anyone may request copies of an IG record

Member of Congress Other Government agencies Subpoenas and court orders Judicial Proceedings (accused and defense counsel) Labor organizations AR 20-1, para. 3-7 U.S. Army Inspector General School 62 Requests From the Media Assistance Part Two IGs neither confirm nor deny inquiries or investigations Refer to local Public Affairs Office (PAO) If specific records are requested, treat as FOIA

AR 20-1, para. 3-7b (3) U.S. Army Inspector General School 63 Freedom of Information Act (FOIA) Request Assistance Part Two Request for records for unofficial purposes must be submitted in writing An IG who receives a FOIA verbally will: Direct FOIA requestors to the SAIG Web site (http://www.daig.pentagon.mil/foia.aspx) so they can submit their request to the following email address [email protected] OR Provide the contact information for DAIG Records Release Office (SAIG-ZXR) AR 20-1, para. 3-4 U.S. Army Inspector General School 64

Freedom of Information Act (FOIA) Request Assistance Part Two An IG who receives a FOIA request in writing will: Acknowledge receipt in writing (IGAP, Step 2) Forward to DAIG Records Release Office Original request within 2 working days Copy of the requested record(s) via encrypted email, fax, mail (3-day delivery option) Memorandum documenting date of FOIA request (local concerns and other info.) Enter actions taken in IGARS as part of the case notes or as an Information IGAR AR 20-1, para. 3-4 U.S. Army Inspector General School 65 Release of IG Records Release Authority (All IG Records): TIG (or designated representative)

Assistance Part Two Purpose / Intended Use of Records What can the Local IG Release? Official Use 1) Inspection Reports (Directing Authority); 2) ROI / ROII (Within DA) (Directing Authority); 3) "BIG 3" (DA Investigator): Nature of Allegations, Readily Available Documents, Witness List / Synopsis of Testimony (only) approval Official or NOTHING: FOIA request must be submitted to Unofficial Use DAIG's Records-Release Office (only after case is

closed) U.S. Army Inspector General School 66 Knowledge ELOs Assistance Part Two 10. Identify who is authorized to release IG records for official use within Department of the Army channels and what records a local IG may release. 11. Identify who is authorized to release IG records for adverse action. 12. Identify who is authorized to release IG records outside of Army channels for nonofficial use and how to process a Freedom of Information Act (FOIA) request. U.S. Army Inspector General School 67 Summary Assistance Part Two

ELO 10. Identify who is authorized to release IG records for official use within Department of the Army channels and what records a local IG may release. ELO 11. Identify who is authorized to release IG records for adverse action. ELO 12. Identify who is authorized to release IG records outside of Army channels for non-official use and how to process a Freedom of Information Act (FOIA) request. U.S. Army Inspector General School 68 Questions? Assistance Part Two Not IG appropriate topics Family Nonsupport Civilian IGARS Withdrawn Complaints Untimely Complaints

Office of Record / Inquiry Congressional, etc. IG Records U.S. Army Inspector General School 69

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