Military Formal Complaint Processing

  • Published
  • By Staff Reports
  • Robins Office of Equal Opportunity
The purpose of the Military Equal Opportunity formal complaint process is for military members, retirees and their families to formally present allegations of unlawful discrimination and sexual harassment to the EO office to attempt resolution. 

The military EO formal complaint process addresses allegations of unlawful discrimination on the basis of race, color, national origin, sex, religion, sexual orientation or sexual harassment. Only military personnel, their family members and retirees may use this process. 

To file a complaint one must be the subject of the alleged unlawful discrimination or sexual harassment. No third party complaints can be filed on behalf of another individual.  

Unlike the military informal complaint process which has no time limit to file, the EO office will not accept a formal complaint more than 60 calendar days after the alleged offense occurred unless the installation commander approves. The installation commander may waive the time limits for good cause based on a memorandum with sufficient justification provided by the member and submitted through the EO office.  

During a visit, the EO specialist explains the military EO process and advises potential complainants of their rights. Potential complainants will be made aware the EO office does not have the privilege of confidentiality with respect to allegations of unlawful discrimination or sexual harassment. However, all information will be protected to the extent permitted by law, directive, instruction and policy.  

Once the complainant elects the formal military complaint process, and it is determined their concerns fall within the EO purview, the EO office will conduct a complaint clarification within nine duty days (exception of six duty days for sexual harassment complaints). The complaint clarification includes interviewing or taking statements from persons who may have information relevant to the case and gathering data from records or reports. The EO specialist may use information gathered from other investigations in conjunction with their own clarification process to establish a preponderance of credible evidence. After the specialist completes the interviews and gathers all required information and evidence, he or she will write a clarification report.  

If credible evidence indicates an EO violation has occurred, the complaint is substantiated. If credible evidence does not indicate an EO violation has occurred, the complaint is unsubstantiated.  After a legal sufficiency review, the EO office forwards the complaint clarification report to the offender's commander for review and action, as well as, the complainant's commander for review. The alleged offender's commander must brief him or her of the findings of the complaint. The EO office will brief the complainant on the outcome of the complaint and conduct a final follow up within 30 calendar days to ensure reprisal has not occurred. 

Robins is committed to creating an environment free from unlawful discrimination and sexual harassment. For more information, call 478-926-2131.