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NCO Board Army EO Program AR 600-20 Ch 6 Part 4

Other Subjects25 CardsCreated 7 months ago

This deck covers key questions and answers from the Army EO Program AR 600-20 Ch 6 Part 4, focusing on investigation procedures, complaint resolution, and follow-up actions.

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App D-6 | What is the required Initial Actions of an investigation by the commander?

The Commander will provide the investigating officer a copy of orders assigning him or her as the investigating officer and the initiated DA Form 7279, which identifies the complainant and lists the allegations to be investigated

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Key Terms

Term
Definition
App D-6 | What is the required Initial Actions of an investigation by the commander?
The Commander will provide the investigating officer a copy of orders assigning him or her as the investigating officer and the initiated DA Form 7279...
App D-6 | What are the Army Regulations that should be used during an Investigation?
AR 15–6 and AR 600–20
App D-6 | Who should the Investigating Officer meet with prior to conducting the Investigation?
SJA and the EOA
App D-6 | Who is the Investigating Officer required to interview for the Investigation?
every individual who may have firsthand knowledge of the facts surrounding the validity of the allegations
App D-6 | What must the investigating officer do prior to questioning any Soldier?
They should give the Soldier their ART. 31 rights warnings
App D-6 | Where should the investigating officer record that rights have been given to the Soldier?
DA Form 3881 (Rights Warning Procedure/Waiver Certificate)

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NCO Board Army EO Program AR 600-20 Ch 6 Part 4
TermDefinition
App D-6 | What is the required Initial Actions of an investigation by the commander?
The Commander will provide the investigating officer a copy of orders assigning him or her as the investigating officer and the initiated DA Form 7279, which identifies the complainant and lists the allegations to be investigated
App D-6 | What are the Army Regulations that should be used during an Investigation?
AR 15–6 and AR 600–20
App D-6 | Who should the Investigating Officer meet with prior to conducting the Investigation?
SJA and the EOA
App D-6 | Who is the Investigating Officer required to interview for the Investigation?
every individual who may have firsthand knowledge of the facts surrounding the validity of the allegations
App D-6 | What must the investigating officer do prior to questioning any Soldier?
They should give the Soldier their ART. 31 rights warnings
App D-6 | Where should the investigating officer record that rights have been given to the Soldier?
DA Form 3881 (Rights Warning Procedure/Waiver Certificate)
App D-6 | What should the investigating officer do to complete the investigation report?
review the evidence, determine if the investigation adequately addresses allegations, make factual findings about what occurred, and provide recommendations consistent with the findings
App D-6 | What is required during the EOA review of the investigation?
A meeting with the investigating officer and the EOA must review the report and attach a memorandum documenting his/her review
App D-6 | What items are required enclosures to the report presented to the appointing authority?
1. Orders of appointment as investigating officer 2. Copy of the DA Form 7279 with attached continuation sheets 3. Copy of the completed/initialed commander’s plan to prevent reprisal 4. List of questions developed with EOA 5. Statements/synopses of interviews with complainant(s), named witnesses, and subject(s) and relevant members of the chain(s) of command 6. Copies of supporting documents 7. Description/assessment of unit policies, procedures that may have contributed to perceptions of unlawful discrimination or sexual harassment within the unit 8. Written approval of next higher echelon commander for any approved extensions 9. Written explanation of extenuating circumstances that prevented the investigating officer from interviewing any named witnesses, complainants, or subjects 10. Written review by the EOA
App D-7 | By what actions are a complaint resolved?
A complaint is resolved by action to restore benefits and privileges lost because of unlawful discrimination or sexual harassment
App D-7 | After legal review, what must the appointing authority decide?
the appointing authority will decide whether further investigation is necessary or whether to approve all or part of the findings and recommendations
App D-7 | Where will actions taken by the commander and the chain of command will be annotated?
on the DA Form 7279, Part III
App D-7 | Where is an allegation of discrimination that is substantiated be annotated?
on the DA Form 7279, Part III
App D-7 | When an allegation of discrimination is substantiated what must the Commander decide?
what corrective action to take
App D-7 | What are the two types of corrective action that the Commander can choose?
1. Administrative 2. Punitive
App D-7 | How is a complaint determined to be substantiated?
a complaint that, after the completion of an inquiry or investigation, provides evidence to indicate that the complainant was more likely than not treated differently because of his or her race, color, national origin, gender, or religious affiliation
App D-7 | How is a complaint determined to be unsubstantiated?
A complaint for which the preponderance of evidence (that is, the greater weight of evidence) does not support and verify that the alleged unlawful discrimination or sexual harassment occurred
App D-7 | When must the commander provide written feedback to the complainant?
not later than the 14th calendar day after receiving the complaint and then provide updates every 14 calendar Days
App D-8 | How many days does a Soldier have to appeal a finding?
7 days
App D-8 | How many days does a commander have to forward an appeal to next higher commander?
3 days
App D-8 How many days does the next higher commander have to review an appeal?
14 days
App D-10 How many days does an EOA have to conduct a follow-up assessment of all formal EO and sexual harassment complaints, both for substantiated and unsubstantiated?
30-45 days
App D-10 | What is the purpose of the EO follow-up assessment?
to measure the effectiveness of the actions taken and to detect and deter any acts or threats of reprisal
App D-11 | How long must the EOA maintain the file on closed EO complaints?
2 years
App D-12 | What may happen to Soldiers who file a false complaint?
may be punished under the UCMJ