Art /Army Board - Equal Opportunity Part 3
When must a commander report a formal complaint to the first General Courts-Martial Convening Authority (GCMCA)?
At 21 days and then every 14 days thereafter
Tap to flip
Space↑↓
←→Navigate
SSpeak
FFocus
1/27
Key Terms
Term
Definition
When must a commander report a formal complaint to the first General Courts-Martial Convening Authority (GCMCA)?
At 21 days and then every 14 days thereafter
Hover to peek or log in to view all
After receiving a complaint, what type of plan must a commander initiate?
A plan to protect the complainant, any named witnesses, and the subject from acts of reprisal
What are the required enclosures for an investigative report?
Orders of appointment as investigative officer, Copy of DA Form 7279 w/attached continuation sheets, Copy of completed/initialed commanders plan to pr...
Hover to peek or log in to view all
What is the purpose of the investigation?
To determine to the maximum extent possible what actually occurred, to assess the validity of allegations made by the complainant, to advise the comma...
Hover to peek or log in to view all
What is the required initial actions of an investigation by the commander?
The commander will provide the investigating officer a copy of orders assigning him or her as the investigating officer and the initialed DA Form 7279...
What are the army regulations that should be used during an investigation?
AR 15-6 and AR 600-20
Related Flashcard Decks
Study Tips
- Press F to enter focus mode for distraction-free studying
- Review cards regularly to improve retention
- Try to recall the answer before flipping the card
- Share this deck with friends to study together
| Term | Definition |
|---|---|
When must a commander report a formal complaint to the first General Courts-Martial Convening Authority (GCMCA)? | At 21 days and then every 14 days thereafter |
After receiving a complaint, what type of plan must a commander initiate? | A plan to protect the complainant, any named witnesses, and the subject from acts of reprisal |
What are the required enclosures for an investigative report? | Orders of appointment as investigative officer, Copy of DA Form 7279 w/attached continuation sheets, Copy of completed/initialed commanders plan to prevent reprisal, List of questions developed with EOA, Statements/synopsis of interviews with complainant, named witnesses, and subject and relevant members of the COC, Copies of supporting documents, Description/assessment of unit policies, procedures that may have contributed to perceptions of unlawful discrimination or sexual harassment within the unit, Written approval of next higher echelon commander for any approved extensions, Written explanation of extenuating circumstances that prevented the investigating officer from interviewing any named witnesses, Written review by the EOA |
What is the purpose of the investigation? | To determine to the maximum extent possible what actually occurred, to assess the validity of allegations made by the complainant, to advise the commander of any leadership or management concerns that might contribute to perceptions of unlawful discrimination and poor unit command climate, and to recommend appropriate corrective actions |
What is the required initial actions of an investigation by the commander? | The commander will provide the investigating officer a copy of orders assigning him or her as the investigating officer and the initialed DA Form 7279, which identifies the complainant and lists the allegations to be investigated |
What are the army regulations that should be used during an investigation? | AR 15-6 and AR 600-20 |
Who should the investigating officer meet with prior to conducting the investigation? | Every individual who may have firsthand knowledge of the facts surrounding the validity of the allegations |
What must the investigating officer do prior to questioning a soldier? | Give the soldier their ART. 31 rights warnings |
Where should the investigating officer record that rights have been given to the soldier? | DA Form 3881 (Rights Warning Procedure/Waiver Certificate) |
What should the investigating officer do to complete the investigation report? | Review the evidence, determine if the investigation adequately addresses allegations, make factual findings about what occurred, and provide recommendations consistent with the findings |
What is required during the EOA review of the investigation? | A meeting with the investigating officer and the EOA must review the report and attach a memorandum documenting his/her review |
By what actions are a complaint resolved? | A complaint is resolved by action to restore benefits and privileges lost because of unlawful discrimination or sexual harassment |
After legal review, what must the appointing authority decide? | Whether further investigation is necessary or whether to approve all or part of the findings and recommendations |
Where will actions taken by the commander and the COC be annotated? | On DA Form 7279, part III |
Where is an allegation of discrimination that is substantiated be annotated? | DA Form 7279, part II |
When an allegation of discrimination is substantiated what must the Commander decide? | What corrective action to take |
What are two types of corrective action that the commander can choose? | Administrative | Punitive |
How is a complaint determined to be substantiated? | A complaint that, after completing an inquiry/investigation, provides evidence to indicate that the complainant was more likely than not treated differently because of his race, color, national origin, gender, or religious affiliation |
How is a complaint determined to be unsubstantiated? | The greater weight of evidence does not support and verify that the alleged unlawful discrimination/sexual harassment occurred |
When must the commander provide written feedback to the complainant? | No later than the 14th calendar day after receiving the complaint and then provide updates every 14 calendar days |
How many days does a soldier have to appeal a finding? | 7 days |
How many days does a commander have to forward an appeal to the next higher commander? | 3 days |
How many days does the next higher commander have to review the appeal? | 14 days |
How many days does EOA have to conduct a follow-up assessment of all formal EO/sexual harassment complaints, both for substantiated and unsubstantiated? | 30-45 days |
What is the purpose of the EO follow-up assessment? | To measure the effectiveness of the actions taken and to detect and deter any acts or threats of reprisal |
How long must the EOA maintain the file on closed EO complaints? | 2 years |
What may happen to soldiers who file a false complaint? | Punished under UCMJ |