La. Admin. Code tit. 41, § II-908 - Determination Not Required by The Adjutant General

A. Deficient Complaint. If a complaint does not substantially meet the requirements of Article 138, as implemented by this Chapter, no determination as to the merits of the complaint is required. Unless the deficiency is waived [See b. below], such a complaint will be returned to the complainant with a written explanation of the deficiency and, if correctable, how it may be corrected. Neither the deficient complaint nor the TAG's action on the complaint should be forwarded to the Governor.

B. Waivable Deficiencies. The TAG may waive the following deficiencies when he considers it necessary in the interest of fairness, based upon good cause, and appropriately so noted in the correspondence forwarding the complaint .

1. The complaint was not delivered to the complainant's superior commissioned officer within 90 days of the date of discovery of the wrong.

2. Redress has not been requested and refused.

3. The complaint is repetitive in that it is substantially the same as a previous complaint by the same complainant on which official action has already been taken.

C. Nonwaivable Deficiencies. The following deficiencies may not be waived by the TAG:

1. The complainant was not a member of the Louisiana National Guard and subject to the LCMJ when the complaint was delivered to his superior commissioned officer.

2. The wrong complained of was not a discretionary act or omission, or it was not by the complainant's commanding officer, or it was not under color of Federal or State military authority, or it did not adversely affect the complainant personally.

3. The complaint does not adequately identify a respondent or the wrong complained of.

Notes

La. Admin. Code tit. 41, § II-908

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2418 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).