La. Admin. Code tit. 41, § II-901 - General
A. Purpose. This
chapter establishes procedures for the preparation, submission, and disposition
of complaints made pursuant to Article 138, LCMJ by a member of the Louisiana
National Guard against a commanding officer.
B. Applicability. This chapter applies to all
members of the Louisiana National Guard as defined in LCMJ Article 1.
C. Resolution of Complaints. LANG policy is
to resolve complaints at the lowest level of command and to provide adequate
administrative procedures for such resolution. Article 138, LCMJ, is one of
several methods available. It provides for consideration at three successive
levels. The first attempt to resolve a perceived wrong must be between the
service member and the commanding officer whom the service member believes
committed the wrong. If conventional measures are unsuccessful, the service
member may submit a request for redress under Article 138. Every reasonable
measure should be taken to resolve complaints at this lowest level. The
principal responsibility for acting on Article 138 complaints lies with the
Adjutant General (TAG).
D. Right to
Complain. A member of the Louisiana National Guard has a statutory right to
submit an Article 138 complaint. Commanders will not restrict the submission of
such complaints or retaliate against a member for submitting a
complaint.
E. Complaint to be
Forwarded. Every complaint will be expeditiously forwarded to the the Adjutant
General unless voluntarily withdrawn by the complainant.
F. Complainant Not a Participant. A service
member who submits an Article 138 complaint does not have a right to
participate in any ensuing procedures under this regulation. However, the
service member may be asked to testify, provide additional information, or
otherwise assist in resolving the complaint.
G. Presumption of Regularity. If the
available evidence does not establish the validity of a complaint, despite
vigorous, good faith investigative efforts to do so, a commanding officer is
presumed to have acted properly.
H.
Processing Complaints Through Command Channels. Complaints are processed in the
chain of command. Area jurisdiction and attachments and assignments for LCMJ or
other administrative purposes do not affect the processing of Article 138
complaints. When forwarding a complaint to the Adjutant General, intermediate
commanders may deviate from strict adherence to command channels if such
deviation will facilitate action on the complaint. However, no commander who
has a direct interest in the complaint will be bypassed.
Notes
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