Military Whistleblower Protection Act
Encyclopedia
Military Whistleblower Protection Act of 1988, as amended at title 10, United States Code
, Section 1034, and elsewhere, is an American law providing narrow protection of lawful disclosures by members of the United States Armed Forces.
member who makes a "protected communication" regarding a violation of law or regulation. The superiors of these service members are prohibited from retaliating against the service member making the protected statements. The Congressional statute is implemented by Department of Defense Directive 7050.06 (July 23, 2007), which protects:
But the communications must be made to one of the following:
. Substantiated reprisal by a civilian employee is punishable under DOD regulations governing disciplinary or adverse actions. Members are not, however, immunized from responsibility for their own wrongdoing or inadequate performance by filing a complaint of reprisal. In the wake of a protected communication by a command member, a command having legitimate grounds for taking unfavorable personnel action against that member should thoroughly document the bases for all actions taken.
under the sponsorship of Congresswoman Barbara Boxer
in 1985. In 1986, the substance of the Boxer bill was attached as an amendment to the FY1987 House Defense Authorization Act. The language failed in conference between the House and the United States Senate
. The following year, the Inspector General of the U.S. Department of Defense was called to testify before the Defense Acquisition Policy Panel of the House Armed Services Committee. Also testifying were Defense whistleblowers Chief Petty Officer Michael R. Tufariello, U.S.N.R. and Major Peter C. Cole, U.S. Army National Guard, State of Texas.
In 1988, the Military Whistleblower Protection Act of 1988 was passed by the United States Congress to protect military members who make lawful disclosures of wrongdoing to Members of Congress or an Inspector General. It required the Office of the Inspector General, U.S. Department of Defense to investigate allegations of whistleblower reprisal. The statute was broadened in 1991 to protect disclosures to auditors, criminal investigators, inspectors and other Department of Defense law enforcement officers. In 1998, the Congress amended the statute to permit lesser Inspectors General to receive allegations and conduct investigations and retained oversight in the Office of Inspector General, U.S. Department of Defense.
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
, Section 1034, and elsewhere, is an American law providing narrow protection of lawful disclosures by members of the United States Armed Forces.
Title 10, U.S.C Section 1034
The act protects a military serviceMilitary service
Military service, in its simplest sense, is service by an individual or group in an army or other militia, whether as a chosen job or as a result of an involuntary draft . Some nations require a specific amount of military service from every citizen...
member who makes a "protected communication" regarding a violation of law or regulation. The superiors of these service members are prohibited from retaliating against the service member making the protected statements. The Congressional statute is implemented by Department of Defense Directive 7050.06 (July 23, 2007), which protects:
- (1) Any lawful communication to a member of Congress or an Inspector General.
- (2) A communication which the Armed Forces’ member reasonably believes evidences a violation of law or regulation, including sexual harassment or unlawful discrimination, mismanagement, a gross waste of funds or other resources, an abuse of authority, or a substantial and specific danger to public health or safety.
But the communications must be made to one of the following:
- (1) A member of Congress, an Inspector General, or a member of a Department of Defense audit, inspection, investigation, or law enforcement organization, or
- (2) Any other person or organization (including any person or organization in the chain of command) designated under Component regulations or other established administrative procedures to receive such complaints.
The 1998 Revisions
An October 1998 revision to Title 10, United States Code, Section 1034 (10 USC 1034), the "Military Whistleblower Protection Act," contained significant changes in how the Military Department Inspectors General and DODIG will process reprisal allegations. The most significant change in 1998 was that Military Department Inspectors General now have the authority to grant the protection and investigate the reprisal allegations they receive. This means that military members are no longer required to submit reprisal allegations directly with the Department of Defense Inspector General for coverage under 10 USC 1034.Effect of Uniform Code of Military Justice
Substantiated reprisal by a military member is punishable under Article 92, Uniform Code of Military JusticeUniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
. Substantiated reprisal by a civilian employee is punishable under DOD regulations governing disciplinary or adverse actions. Members are not, however, immunized from responsibility for their own wrongdoing or inadequate performance by filing a complaint of reprisal. In the wake of a protected communication by a command member, a command having legitimate grounds for taking unfavorable personnel action against that member should thoroughly document the bases for all actions taken.
Legislative & Statutory History
The statute was introduced by bill to the United States House of RepresentativesUnited States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
under the sponsorship of Congresswoman Barbara Boxer
Barbara Boxer
Barbara Levy Boxer is the junior United States Senator from California . A member of the Democratic Party, she previously served in the U.S. House of Representatives ....
in 1985. In 1986, the substance of the Boxer bill was attached as an amendment to the FY1987 House Defense Authorization Act. The language failed in conference between the House and the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. The following year, the Inspector General of the U.S. Department of Defense was called to testify before the Defense Acquisition Policy Panel of the House Armed Services Committee. Also testifying were Defense whistleblowers Chief Petty Officer Michael R. Tufariello, U.S.N.R. and Major Peter C. Cole, U.S. Army National Guard, State of Texas.
In 1988, the Military Whistleblower Protection Act of 1988 was passed by the United States Congress to protect military members who make lawful disclosures of wrongdoing to Members of Congress or an Inspector General. It required the Office of the Inspector General, U.S. Department of Defense to investigate allegations of whistleblower reprisal. The statute was broadened in 1991 to protect disclosures to auditors, criminal investigators, inspectors and other Department of Defense law enforcement officers. In 1998, the Congress amended the statute to permit lesser Inspectors General to receive allegations and conduct investigations and retained oversight in the Office of Inspector General, U.S. Department of Defense.