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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33283
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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If allegations are brought against a member of the U.S. military

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If allegations are brought against a member of the U.S. military that supposedly involve another member of the U.S. military in an entirely different branch of service much less chain of command, is the orginal chain of command legally obligated to foward the allegations to the second service member's chain of command? Or is it their choice?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The commander always has discretion. Always...that is why they are entrusted with the position of command. Every service has a rigorous command screening program to ensure individuals selected for command have the skills and competence needed for this important position.

So the commander has the final say.

There is no law or regulation that requires them to take action on complaints by service members.

That said, there are checks and balances in the system. For example, there is Art 138, UCMJ that allows a service members to file a formal complaint against their commander.

And there is the IG who can take complaints of unfair treatment.

So if a particular service member feels their commander is not being fair, they have avenues to pursue.

But to answer the question, there is no law that requires a commander to take action on a complaint.
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Customer: replied 3 years ago.

Thank you for your response. Are either of the respondents authorized to know who specifically forwarded the allegations to the second chain of command?

No

There is no rule or regulation that would require the commander to reveal the identity of a complaining party Generally speaking they would not do so...mostly because they are not required to do so and also since it could compromise any investigation that results from the complaint.

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