Can someone pursue charges against a person making erroneous EO and IG accusations?

SSG Christopher Napuli — Fri, 16 Jul 2021 23:05:28 -0400

conflicting information;
Can or Can't pursue charges on the accuser?

Response by SGM Jeff Mccloud made Jul 17 at 2021 9:00 AM

SGM Jeff Mccloud — Sat, 17 Jul 2021 09:00:52 -0400

Can you? No.
Can a Commander with UCMJ authority pursue charges under Art 107 if a Soldier knowingly made false official statements with the intent to deceive? Yes.
It's a tricky situation, every complainant has whistleblower protection against reprisal.
However, the more unfounded complaints one individual has with IG and EO, the less likely whistleblower protection will help that individual.

Response by SGT Private RallyPoint Member made Jul 17 at 2021 12:42 PM

SGT Private RallyPoint Member — Sat, 17 Jul 2021 12:42:55 -0400

Yes depending on the circumstances. However it is not a crime to make erroneous allegations they must also be knowingly false. So generally a complainant will be protected if they made the allegations in good faith, or if it can't be proven that they lied.

I've seen multiple investigations over questionable allegations in my unit. Usually when they cannot be resolved command just laterally transfers one or the other party to a different unit.

Response by SFC Private RallyPoint Member made Jul 18 at 2021 10:38 AM

SFC Private RallyPoint Member — Sun, 18 Jul 2021 10:38:04 -0400

Only if an investigation finds they were false. Until the investigation into the claims being made is completed, however, charges cannot be pressed.

Response by SSgt Christophe Murphy made Jul 18 at 2021 10:47 PM

SSgt Christophe Murphy — Sun, 18 Jul 2021 22:47:03 -0400

If it is proven that someone in the Command falsified statements there can be punishment given out to that individual. Happens all the time. The key is providing proof.