1. FORMAL COMPLAINT.
Anyone receiving a formal complaint must forward the complaint immediately
to the commander. There are several avenues to used to seek formal redress. The
most effective avenue to use will depend on the circumstance surrounding the
situation and personnel involved. Selection of the avenue to use will be decided
by the complaint.
a. Request Mast.
This is the preferred method for an individual to file a
complaint of discrimination with any CO in the Chain of Command up to the
individuals Commanding General. The request mast will normally be conducted
within one working day, but no later that three working days, after the initial
submission. MCO 1700.23F, Request Mast, provides specific guidance for Request
b. Article 138, UCMJ
Complaint. An individual who alleges wrong (s) committed by their Commanding
Officer may file a formal complaint under Article 138, UCMJ. Commanders should
consult with the Staff Judge Advocate (SJA) when processing a complaint under
c. Article 1150, Redress
of Wrong (s) Committed by a Superior. An individual may also file a
complaint against any other superior, in rank or command, who the individual
believes committed a wrongdoing (U.S. Navy Regulations, Article 1150).
Commanders should consult with the SJA when processing a complaint under
d. Communication With
Inspector General. As an alternative to the normal chain of command,
military or cilivian personnel may lodge complaints and provide facts to the
local Command Inspector. Complaints may be lodged with representives of the
Deputy Navy Inspector General or to representative of the Deputy Naval
Inspector General for Marine Corps Matters/Inspector General of the Marine
Corps (DNIGMC), DSN 224-1348/49 or commerical (703) 614-1348/49, concerning
violations of laws, rules, and regulations; abuse of authority; or misconduct. MCI West Command IG is (760) 725-5112 or Hotline (760) 725-5144.
Communication With Congress. Individuals may write a personal letter to
members of Congress at anytime concerning EO issues.
2. It is the responsibility of the Commanding Officer of the alleged offender
to conduct a thorough investigation and take appropriate action. It is the
responsibility of the command in which the complaint was received to ensure a
Discrimination and Sexual Harassment (DASH) report it initiated.
The following established timelines will be adhered to when conducting
investigations into formal allegations of discrimination or sexual
harassment in accordance with MCO P5354.1D w/ch1:
a. All formal complaints should be filed within 60 days of the
alleged incident occurring by the person making the allegation.
b. Within 3 working days or 72 hours of a Commander receiving a
formal complaint or notification of a formal complaint, the command must:
appoint an investigating officer (IO) in writing, inform the complainant an
investigation has commenced and notify the next higher in the chain of command
with General Court Martial Convening Authority that an investigation has
c. Within 14 calendar days of commencing the investigation, the IO
will have his or her investigation complete, to include a Staff Judge Advocates
Review and an Equal Opportunity Advisors review. If the investigation and
required reviews are not completed within 14 days, the command will submit a
written request for extension from the Commanding General with GCMA.
d. The commander has 6 days upon completion of the investigation
and review to forward a finally written report containing the result of the
investigation, as well as any actions taken, to the next superior officer in
the chain of command with GCMA. The report will include a statement from the
complaint that indicated their satisfaction or dissatisfaction with the resolution.
Within 20 calendar days of commencing the investigation, the complaint
must be resolved. Resolution includes completion of the investigation,
determination of validity of the charges (substantiated or unsubstantiated).
Throughout the investigation, updates (feedback) will be provided to the
complainant every 14 days.
e. On day 20 (since the complaint was lodged), an initial
Discrimination and Sexual Harassment Report (DASH) will be sent to CMC (MPE)
via the commands Equal Opportunity Advisor.
f. Only one extension (maximum of 30 days) is allowed and must be
approved by the unit's immediate Commanding General. This authority will not be
g. Upon final resolution of the complaint, a complete DASH Report
must be submitted to the CMC (MPE) with the case disposition/resolution via the
Complaint ProceduresReference: MCO P5354.1D w/ch 1 Pages: 5-3 through 5-8