The Navy has systems in place to resolve Equal Opportunity and Sexual Harassment issues.
The Command Climate Specialist (CCS) or Command Managed Equal Opportunity (CMEO) Program Manager at your command are there to provide information and assist you in resolving issues informally and when necessary, processing a formal report.
INFORMAL REPORT PROCESS
The informal report process allows CCSs or CMEO program managers to maintain awareness of all reports and ensures that all reports are properly handled and resolved. The chain of command must coordinate with the CCS or CMEO program manager to exercise leadership and to resolve the informal report without the command being required to conduct an investigation. The Informal Resolution System (IRS) assists Sailors in resolving conflicts, and when successful, the IRS is the timeliest method for resolving conflict, because it deals directly with the individuals involved and uses the immediate chain of command. Sometimes it is ineffective or simply is not a desirable method for resolution. In these cases the Sailor should file a formal report. These are the steps in the IRS:
1. Direct. In person by approaching the alleged offender(s) involved. Stay focused on the behavior and its impact. Use common courtesy and ensure the approach is not disrespectful. Consider writing down thoughts prior to approaching the alleged offender(s) involved. In writing, to the alleged offender(s) stating the facts and feelings about the behavior and the expected resolution.
2. Informal Third Party. Request assistance from another person. Ask another person to talk with alleged offender(s) involved, to accompany while utilizing the direct approach, or to intervene to help resolve the conflict.
3. Training. Request training or resource materials for presentation to the workplace in the area of harassment or unlawful discrimination. Utilizing training is a good method of communicating to the alleged offender(s) and other individuals in the workplace, in a non-threatening way that the behavior is unacceptable. Training resources can include videos, books, lesson plans, posters, and other materials.
NAVPERS 5354/2 (REV 08-2017) INFORMAL REPORT PARTS (Must press the Informal Instructions button on form to access parts III - V)
Part I - Complainant Information & Resources
Part II - Alleged Offender Information & Nature of Report
Part III - Informal Report Processing/Command Actions
Part IV - Informal Report Close-out
Part V - Informal Report Follow-up
FORMAL REPORT PROCESS
There are multiple options to file a formal report:
1. Navy Equal Opportunity (EO) and Sexual Harassment Report Form (NAVPERS 5354/2 (Rev 08/2017)) (Must press the Formal Report Instructions button on the form to access parts III - VI)
Used to process EO/Sexual Harassment (SH) reports within a command where the Commanding Officer is authorized to provide the requested remedy (redress). The EO/SH form provides timelines, outlines and detailed procedures for grievance resolution. The EO/SH report form is divided into six parts:
Part I- Complainant Information & Resources
Part II - Alleged Offender Information & Nature of Report
Part III - Formal Report Processing/Command Actions
Part IV - Formal Notification Review
Part V - Formal Appeal
Part VI - Formal Report Follow-up
2. NAVREGS Article 1150, Redress of Wrong Committed by a Superior
If a member has a grievance against a superior and does not wish to use the EO/SH report form, they may file a grievance under NAVREGS article 1150, Redress of Wrong Committed by a Superior. To file a grievance under NAVREGS article 1150, the individual should obtain counsel with a lawyer at a local Naval Legal Services Office (NLSO).
3. UCMJ Article 138, Complaint of Wrongs against the Commanding Officer
If the resolution from the grievance under NAVREGS Article 1150 is considered unjust by the complainant, or if the grievance is against the Commanding Officer, an individual may submit a report against the Commanding Officer under UCMJ Article 138.
As with the NAVREGS Article 1150, the UCMJ Article 138 "Complaints of Wrongs Against the Commanding Officer " should be prepared with legal assistance and submitted via the General Court Martial Convening Authority (GCMA) over the accused Commanding Officer.
NAVY INSPECTOR GENERAL
Any member who is not able to receive resolution for their grievance may contact the Navy Inspector General (IG) hotline at (800) 522-3451. The member may use this hotline to file a complaint.
COMMUNICATON WITH ELECTED OFFICIALS
All Sailors are advised of their right to contact their elected official at any time. Communication with a Congressman or Senator is considered "protected communication," and as such is afforded specific rights upheld by the Navy legal system and Inspector General.
BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) PROCEDURES
From Navy Regulations, Sect. 1126:
Any military record in the Department of the Navy may be corrected by the Secretary of the Navy, acting through the BCNR, when the Secretary considers that such action should be taken in order to correct an error or to remove an injustice.
Applications for corrections under this article may be made only after exhaustion of all other administrative remedies afforded by law of regulation.
The following publications have all the necessary guidelines, information and points of contact to aid you in your application process.
1. DD Form 149 - Application for Correction of Military Record Under the Provisions of Section 15521
2. SECNAVINST 5420.193 - Board for Correction of Naval Records
3. BUPERINST 5420.21 - Administration of Board for Correction of Naval Records (BCNR) Application
4. Title 10 U.S. Code, Section 1552 - Correction of Military Records
If you have any questions please call the Navy Sexual Harassment Prevention and Equal Opportunity advice line at 800-253-0931.