La. Admin. Code tit. 41, § II-910 - Determination Required by the Adjutant General

A. Except where the TAG's determination is not required on the Article 138 complaint under the preceding paragraphs, the TAG will take the following actions.

1. Examination into the Complaint. The TAG will examine into the complaint. Except as provided below, the nature and method of the examination is discretionary. The examination may be delegated, but not to a person subordinate to the respondent in the chain of command nor, except for good cause explained in the correspondence forwarding the complaint, to a person junior in rank to the respondent. Examinations so delegated will be conducted in accordance with AR 15-6 and will include a specific recommendation regarding the appropriateness of the redress requested and of any other corrective action.

2. Nature and Extent of Examination. Unless the TAG believes that established channels for redressing the alleged wrong would be inadequate in the particular case, the examination will be limited to determining whether the other channels are, in fact, available for resolving the alleged wrong. Specific findings will be made as to whether the act or omission complained of was :

a. in violation of law or regulation;

b. beyond the legitimate authority of the respondent;

c. arbitrary, capricious, or an abuse of discretion;

d. materially unfair.

3. Action on the Complaint. The TAG must act personally on the Article 138 complaint. This authority may not be delegated. After examination into the complaint is completed, TAG will take the first of the following actions which applies to the particular complaint:

a. If the alleged wrong is of an inappropriate subject matter for an Article 138 complaint [See paragraph 9-3], unless the TAG believes that established channels for redressing the alleged wrong would be inadequate in the particular case, such commanding officer will advise the complainant that:

i. the alleged wrong already is being considered in other official channels, if that is the case; or

ii. a more appropriate official channel is available to redress the alleged wrong. TAG will specify that channel, any applicable regulation under which the complainant may proceed, and any DA or DAF assistance available to the complainant in using that channel.

iii. determine the merits of the complaint and of the redress requested. If no redress is appropriate, the TAG will deny the redress. The TAG will grant whatever redress is appropriate and is within such his authority to provide.

b. TAG will notify the complainant in writing of the action taken on the complaint.

4. Action by TAG. Before final disposition by TAG, each Article 138 file will be reviewed by the State Judge Advocate (or that officer's designee) for legal sufficiency. The SJA may, in that officer's discretion, return the file for additional information or investigation or for other action.

Notes

La. Admin. Code tit. 41, § II-910

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).