The formal military complaint requires use of DA Form 7279(Equal Opportunity Complaint Form), and claimants must swear to the accuracy of their allegations. The process contains specific timelines, and commands are required to include specific documentation. All formal sexual harassment complaints are reportable to higher headquarters.
1. A formal complaint is one that a complainant files in writing and swears to the accuracy of the information. Formal complaints require specific actions, are subject to timelines, and require documentation of the actions taken.
2. An individual files a formal complaint using a DA Form 7279 (Equal Opportunity Complaint Form). In Part I of DA Form 7279, the complainant will specify the alleged concern, provide the names of the parties involved and witnesses, describe the incident(s)/behavior(s), and indicate the date(s) of the occurrence(s). Complainant will be advised of the importance of describing the incident(s) in as much detail as possible to assist in the investigative process.
3. The block entitled, “Requested Remedy" serves a variety of purposes for both the complainant and the Command. The information in this block can vary in terms of the complainant’s expectations of the investigative process and his or her reasonableness and credibility. If expectations that are not likely to be met come to the surface, they should be dispelled by the receiving agency (during acceptance of the complaint) through an explanation of the process and the possible outcomes. If the complainant’s response is vindictive, vengeful or malicious, and seems extreme in light of the events or circumstances, this may be helpful to the Commander or investigating officer in terms of motive and believability.
4. Sailors and Marines have 60 calendar days from the date of the alleged incident in which to file a formal complaint. This time limit is established to set reasonable parameters for the inquiry or investigation and resolution of complaints, to include ensuring the availability of witnesses, accurate recollection of events, and timely remedial action. If a complaint is received after 60 calendar days, the Commander may conduct an investigation into the allegations or appoint an investigating officer according to paragraph 5. In deciding whether to conduct an investigation, the Commander should consider the reason for the delay, the availability of witnesses, and whether a full and fair inquiry or investigation can be conducted.
5. The complainant should file his or her complaint with the commander at the lowest echelon of Command at which the complainant may be assured of receiving a thorough, expeditious and unbiased investigation of the allegations. Depending on the various aspects of the complaint and individuals involved, that lowest level Commander may not be the immediate Company or even Battalion level Commander of the complainant.