Ohio Wing Headquarters - Civil Air Patrol, United States Air Force Auxiliary

IF YOU ARE CONVINCED THAT YOU HAVE REASON TO FILE A COMPLAINT, DO YOU KNOW HOW TO PROCEED?

Although the procedure for filing and pursuing a complaint is set forth in CAPR 123-2, it appears that the provisions of CAPR 123-2 are overlooked when a complaint is filed.

A complaint is "a written document listing facts and circumstances specifically alleging a violation of a CAP directive ...., a violation of law, or misconduct." (A CAP directive can be in the form of a Regulation, or can be contained in a Manual).

Both, members and commanders, should make every effort to settle the issue at the lowest level possible. Therefore, if possible, you should try to work out something by contacting your commander prior to filing a formal complaint. Of course, if the complaint is against the commander, the contact should be with his/her immediate superior.

In the event that it is not possible to consult the commander, or in the event that the commander is unable to provide a satisfactory solution, then the only alternative is to file a formal complaint.

A complaint may be filed by e-mail if followed up with a signed, written document mailed, or filed within eight days after receipt of the e-mail by the IG.

Once you have determined that you will file a complaint. DO NOT AT ANY TIME WHILE THE COMPLAINT IS PENDING DISCUSS THE MATTER WITH ANYONE OTHER THAN THE IG OR THE INVESTIGATING OFFICER. ALSO, DO NO SEND COPIES OF THE COMPLAINT TO ANYONE OTHER THAN THE INSPECTOR GENERAL WITH WHOM THE COMPLAINT IS FILED. The only exception is that if the inspector general's commander is not named in the complaint, a copy may be forwarded to that commander.

There are good reasons why you should not discuss the matter with anyone other than the IG, or the investigating officer. First, the more you talk about the matter the more difficult you make it for the investigating officer to obtain information to support your allegations. Second, regardless of the fact that you are convinced that you have a good reason to complain, the investigating officer may not be able to obtain sufficient information to support your allegations, or it may be that the document you submit does not come within the definition of a complaint.

In either event, if you e-mail copies of the complaint to unauthorized persons, or discuss the matter with unauthorized persons, there is always the possibility of personal liability if the investigating officer is unable to find sufficient evidence to support your allegations. After all, the only communications which are privileged are those with the appropriate commander and with the IG, or the investigating officer. Those people must treat such communications as confidential. No one else is required to do so, except the legal officer who may give the IG advice if requested by the IG to do so.

Once the complaint has been filed and it has been determined that an investigation is necessary, the wing commander will issue a letter assigning an investigative officer to handle the complaint. Thereafter, within 30 days of the effective date of the complaint, receipt of your complaint will be acknowledged in writing by the investigative officer. It is expected that you will cooperate with the investigative officer until completion of the investigation. After completion of the investigation, the investigative officer will report the findings to the commander who will then advise you of what action, if any, has been taken in response your complaint.

If you disagree with the validity of the findings of the investigation, or the conclusions of the commander, you may appeal to the next higher-level IG. This appeal must be within 90 days of the receipt of the commander's response. Regardless of whether you are satisfied with the results of the appeal, there is no further appeal. The matter is concluded upon receipt of the results of the appeal

William R. Hendrickson, Lt Col, CAP, IG

22 Nov 2005

posted by Liz Fallon 3:10 PM

Monday, November 21, 2005

Filing IG Complaints

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