How State and National Guard Soldiers file an EO Complaint

There is a big difference between Equal Opportunity (EO) Complaints and Equal Employment Opportunity (EEO) Complaints.  The EO Complaint Process is designated for military personnel and the EEO Complaint Process is used for civilians.  Consequently, there are 4 types of EO Complaint Processes for military personnel: Active Army, Reserve, National Guard, and Traditional M.

This article will describe the EO Complaint Process for STATE ACTIVE GUARD/RESERVE (AGR), which is regulated by USC Title 32 and AR 600-22

FORMAL COMPLAINT Notification Procedures

Formal complaint filed with next higher commander (Intermediate)

• Intermediate Commander initiates a reprisal protection plan

Procedures For Handling Complaints And Timelines; The Intermediate Supervisory Level

Complete within 14 days

• Procedural review to determine acceptance, dismissal, or referral

• Complete an inquiry or investigation Attempt resolution and take corrective action as Appropriate

Procedures Successive Supervisory Levels

If settled or withdrawn, forward the case file to the State Equal Employment Manager (SEEM), include in case file:

• Complaint Form

• Appointment letter of IO & Report of Investigation or inquiry

• Legal review

• Settlement agreement

• Any corrective action taken

Unresolved Complaint

A formal complaint that is unresolved at the lowest level of command after 14 days will be automatically appealed to the next supervisory level, unless the complainant, in writing, withdraws the complaint.

Investigation Inquiry & Resolution Rules

• At each supervisory level in coordination with commander will conduct additional inquiry, if necessary, attempt resolution and/or forward to the next higher echelon.

• If no resolution is made, complaint will automatically appeal to next command level when 14 days have expired.

Conduct Inquiries or Supplemental Inquiries

• Chapter 3, NGR 600-22/ANGI 36-3 Authority to conduct EO Investigation

• Not in the scope of a formal AR 15-6 investigation

• If investigator believes criminal actions happened, stop interview, consult appointing authority

• Resolution

• Document

• Written

• At each supervisory level

• By supervisor or unit personnel

• Will have 14 days from receipt of the complaint from the subordinate supervisor to complete a procedural review and attempt resolution

• EO/MEO personnel advise inquiry officers – do not conduct personally

If you need assistance filing a complaint of any kind, contact administers at Free Consumer Information (FCI).  FCI provides a variety of paralegal services, which includes legal pleadings.