La. Admin. Code tit. 41 § II-905

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-905 - Complaint

A. General. A member of the Louisiana National Guard may submit an Article 138 complaint for any act or omission by the member's commanding officer which the member believes to be a wrong and for which the member has requested redress and been refused. A member who, through no fault of the member's own, has not received a final or interim response within 60 days may elect to treat that fact as a refusal of his request for redress.

B. Form of Complaint. Figure 9-1 contains sample format for Article 138 complaints. The complaint should :

1. be typed or legibly written and signed by the complainant.

2. identify the complainant as a member of the Louisiana National Guard subject to the LCMJ;

3. identify the complainant's current military organization and address;

4. identify the complainant's military organization at the time of the alleged wrong;

5. identify the commanding officer whose act or omission is complained of;

6. indicate the date a written request for redress was submitted to that commanding officer and either that:

a. the request was refused, in whose or in part, and the date thereof; or

b. a final interim or response was not received within 60 days;

7. include a statement that it is a complaint submitted under the provisions of Article 138 and this regulation;

8. clearly and concisely describe the specific wrong complained of. When not readily apparent, state the reason the complainant considers it a wrong;

9. state the specific redress the complainant seeks. Unless it is readily apparent, state the reason the complainant considers that redress appropriate;

10. Have attached to it:

a. the complainant's request to the complainant's commanding officer for redress and the commanding officer's response, if any;

b. any supporting information or documents the complainant desires to be considered.

C. Timeframe for Submitting Complaint. The complainant will deliver the complaint to his immediate superior commissioned officer within 90 days of the date of the complainant's discovery of the wrong, excluding any period during which the request for redress was in the hands of the respondent. If the complainant corrects and resubmits the complaint after TAG has returned it as deficient, the days the complaint was in military channels between submission by and return to the complainant will also be excluded in computing the 90-day period.

D. Withdrawal. The complainant may withdraw the complaint at any time before final action is taken by TAG. If a complaint is withdrawn, it must be a completely voluntary act on the part of the complainant. Prior to receipt by the TAG, the complaint may be withdrawn by an oral request of the complainant. After receipt by the TAG, the complainant must submit a written request to the officer in possession of the complaint.

La. Admin. Code tit. 41, § II-905

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2417 (November 2009).

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