What are the ARs regarding jumping the chain of command?

CPT Chris Loomis — Mon, 18 Jun 2018 16:56:02 -0400

Q. What specific Army Regulation deals with Soldiers (Enlisted / Officer) that jump the COC with complaints?

Q. Is there any AR stating that a Soldier can not write a complaint letter to a Congressman or Senator?

Response by CPT Chris Loomis made Jun 18 at 2018 5:50 PM

CPT Chris Loomis — Mon, 18 Jun 2018 17:50:48 -0400

SFC Brian Johnson Sergeant, THANK YOU! That's what I'm looking for...a good place to start my research.

Once again an NCO demonstrating they are the backbone and living up to their creed, "No one is more professional than I."

Response by SGT Joseph Gunderson made Jun 18 at 2018 7:27 PM

SGT Joseph Gunderson — Mon, 18 Jun 2018 19:27:02 -0400

If a soldier feels that the lower levels of the chain are not taking care of an issue or that they are involved in the issue, it is entirely appropriate to go to a level that they believe will be able to take care of it. This is the number one reason why every commander, at least every single one that I have ever known, has had an open door policy. Now, if it is identified that they jumped for no reason, that person is probably going to direct them back down the chain. As for writing a congressman/senator, I wrote a letter to my congressman when my Troop command were using LOS as punishment in violation of regulation, the squadron was turning the other cheek, and the brigade didn't want to deal with anything that wasn't sent up by squadron. The issue was directed from the congressman to a Col. at IG and it was corrected quickly. Writing one's representatives is about as crazy as you can get and should only be utilized when all else fails, but it is your right to do so.

Response by SPC Nicholas Bettinger made Jun 18 at 2018 8:59 PM

SPC Nicholas Bettinger — Mon, 18 Jun 2018 20:59:34 -0400

All i gotta say is, those soldiers should do it more...
Unlike myself, going on 3 years of getting my paperwork fixed from getting Mos qualified, or finding ot i have a few different ETS dates and im told retention doesn't know how to fix it. etc etc etc. And the are also those i met that have been in for 5years and finding out they're still an E1 in the system and are told they were in a different unit overseas, sooo. Yeah that open door policy, Needs to be more open, and jumping chain of command should not be Frowned upon!

Response by SGM Bill Frazer made Jun 18 at 2018 11:36 PM

SGM Bill Frazer — Mon, 18 Jun 2018 23:36:47 -0400

By regs you must 1st use the chain of command- what level of command is your problem, then you go to their higher command. Be warned if you are not absolutely right and jump the CoC by going to the Congressional level you will have a rocky career/term in the service.

Response by MSG Randy Rucker made Jun 18 at 2018 11:37 PM

MSG Randy Rucker — Mon, 18 Jun 2018 23:37:35 -0400

Are you joking? You can contact the IG, your Senator or Congressman. But if you do, you are not allowing the chain of command to do it's job which is to correct the problem. You don't allow new leaders to learn....

If you are a 1LT that tells me you have been in the Army for a couple of years and around a SFC, CPT, MAJ and a LTC for some time. Listen to them and keep the emotion out of your decision.

I don't know it all but I'm a retired MSG. Good luck

Response by Maj Matt Hylton made Jun 19 at 2018 11:56 AM

Maj Matt Hylton — Tue, 19 Jun 2018 11:56:24 -0400

IG guy here (Air Force though). Per Title 10, US Code 1034 (Whistleblowers Protection Act): "no person may prohibit or restrict a member of the Armed Forces from making (or preparing to make) a lawful communication to a member of Congress or an IG"

Commanders cannot require subordinates to report wrongdoing to the chain of command instead of Congress or an IG.
Commanders can ENCOURAGE subordinates to work through the chain of command, but cannot restrict access to the IG or Congress.
Restriction can be tricky because it can sometimes be subtle, however it does come down to if the MEMBER felt they were restricted.

An IG will ask if you've worked it with your chain of command first, however it is not required and has no bearing on the validity of a complaint until investigated further.

Furthermore, if the immediate Chain of Command is either part of the issue of the complaint or there is reasonable expectation that addressing the issue at that level in the CoC will have no results, then a member can go higher in their CoC or just go straight to the IG.

Response by COL Private RallyPoint Member made Jun 19 at 2018 8:40 PM

COL Private RallyPoint Member — Tue, 19 Jun 2018 20:40:13 -0400

Response by SFC Private RallyPoint Member made Jun 21 at 2018 1:19 PM

SFC Private RallyPoint Member — Thu, 21 Jun 2018 13:19:02 -0400

I agree with SFC Johnston. This is a very principle driven arena here. Work the support channel first then start knocking on doors, but not just because somebody doesn't like the answer they get.

Response by SPC Roger Giffen made Apr 5 at 2020 7:15 PM

SPC Roger Giffen — Sun, 05 Apr 2020 19:15:14 -0400

Sometimes you have to when the chain doesn't work to fix the problem
,.

Response by SSG Brian MacBain made Apr 6 at 2020 12:35 AM

SSG Brian MacBain — Mon, 06 Apr 2020 00:35:28 -0400

I know this post is 2yrs old, but I have a story for you all. Back in 1990, I was stationed in Germany as an E4/SPC (P). I made the points for E5 in June. I just arrived to my unit that month and PERSCOM in Germany had just relocated to another Kersern (SP?). After three weeks, my 1SG told me to see the BN S1. I did couple of times and lucky for me, I made a couple of copies of my promotion packet. The S1 sat on his a$$. I had kept the COC informed of all this. Around the end of July, my 1SG approach me and told be to go to the IG. I did and within 3 weeks, they cut my promotion orders with a date of rank 1 August where it should been 1 June. About two weeks after I got pinned, the CO or the officer in charge of promotion branch of PERSCOM with a rank of Major called me and ask me why I had to go to the IG and should have saw him first. I told him that it was not my job to see him, but my BN S1 job which he failed to do.

Response by SGT(P) Vincent Kuhlman made Apr 8 at 2020 2:25 PM

SGT(P) Vincent Kuhlman — Wed, 08 Apr 2020 14:25:30 -0400

I was BAD about this, very Bad. When I didn't get my way! But when I did so, I had the regulations on my side. I usually WON every fight, for this which of course Ticked off a LOT of people. People with a lot of stripes. I seemed to work better with the Officer corp, than the NCO. Which was strange being a NCO my self. But working at Battalion answering DIRECTLY to the S-3 ( a Major) had it's advantages. when I would go to the battery's with a tasking, the First SGT's would give me grief, about it. So I'd just tell the Major, the 1st SGT's refused. The Major would call the commander (a Cpt) and that would be the end or that. Which of course would PO the 1st SGT's but I dint care. taskings had to done (post Guard, Post police, Marine Gardens, NTC observers, ) So when it came time for my NCOER, the 1st sgt brought it to the OPS SGT. The Ops SGT said take it to the major, he works for Him, he don;t work for me. After a while the Major called me in, and told me, "You write it, I don't have time for this, you know what you've done more than I have. ILL sign it". So my rating chain was the S3, the BN XO, and the LTC. as E-5. and I've got the NCOER to prove it.