Commentary: Understanding reprisal Published June 17, 2012 By 374th Airlift Wing Inspector General YOKOTA AIR BASE, Japan -- Have you ever thumped a little sister or brother on the arm or threaten not to take them out for ice cream for telling mom and dad you came in late from a party? If you have, this would be reprisal. Of course, this is reprisal in its simplest form. Yet, it is not far from what Federal law and the Air Force considers reprisal. Under United States Code, Section 1034 (10 USC 1034), Whistleblower Protection and IAW AFI 90-301, Inspector General Complaints Resolution, Reprisal is taking or threatening to take an unfavorable personnel action or withholding or threatening to withhold a favorable personnel action on a military member for making or preparing to make a protected communication. In the scenario above, the unfavorable action would be the thump in the arm or the threat not to go out for ice cream. The protected communication is the report to your parents for being late, which is a violation of the rules. Sounds simple right? Well, it truly is. If you retaliate or even threaten to retaliate (in any form) in response to an Air Force member reporting a lawful communication (lawful communication cannot convey an admission of misconduct, violation of the Uniform Code of Military Justice, or violation of other applicable statutes), to a member of Congress or to the Inspector General, this would be considered reprisal. Military members who violate this prohibition are subject to prosecution and/or disciplinary and administrative action under Article 92 of the UCMJ and civilian employees who violate this prohibition are subject to administrative or disciplinary action under applicable directives or implementing instructions governing civilian disciplinary or administrative action. In some situations, when a member reports through their chain-of-command what they reasonably believe is a violation of law or regulation, or abuse of authority this can also be considered protected communication under Whistle Blower protection. It's important to know, that reprisal allegations are considered IG areas of primary interest and must be reported to and can only be investigated by the Inspector General's office, even if the original complaint of wrong doing (protected communication) was reported through the chain-of-command. It's also important to note, under normal circumstances, you must report the allegation within 60 days. IAW AFI 90-301, an IG is not required to look into a complaint if the complainant has failed to present the matter to an IG within 60 days of learning of the alleged wrong. Now, you shouldn't anticipate my office running out and investigating all the thumps, bumps or bruises you received or caused to your brother or sister, however we will diligently examine and investigate all reports or allegations of reprisal to Air Force members at Yokota. Integrity first, service before self, and excellence in all we do. These are the Air Force Core Values. Learn them...understand them...live by them...and those who fall short, must be reported and held accountable. For more information, contact the IG, Robert Borden at 225-7262/6678.