Tag Archives: fact sheet

MLTF Fact Sheet: Servicemember rights under Military Whistleblowers Protection Act

The Military Whistleblower Protection Act of 1988  provides limited protection of lawful disclosure by members of the United States Armed Forces. In order to assist servicemembers in understanding their rights under this law, MLTF has prepared the following fact sheet. It is also available formatted for download and printing (PDF). You are welcome to share this document. Contact us with any questions you may have.

What is the Military Whistleblower Protection Act?

The MWPA was created by Congress in 1989.  The Act does two important things:

1)    it states that no person may restrict a member of the Armed Forces from lawfully communicating with a Member of Congress or an Inspector General (IG), and

2)    it protects military members who make disclosures of wrongdoing to Members of Congress or an IG from retaliation by other military members. (10 USC § 1034.)

In response to the MWPA, the Department of Defense (DoD) issued DoD Directive 7050.06 making the Act official DoD policy.

Legal support for servicemembers, reservists and veterans participating in Occupy Wall Street actions

The National Lawyers Guild has endorsed the Occupy Wall Street protests in New York City and thousands of cities world-wide and offered legal support.

Members of the US military have joined the OWS protests in many locales. As the Military Law Task Force of the NLG, we stand ready to coordinate legal support for active duty servicemembers, reservists and veterans who are facing harassment and/or legal sanctions for participating in these important protests. (We can be reached by telephone at (619)463-2369 or on our website at this link.)

We also want to correct some of the misinformation given to members of the military about the right to protest. Contrary to popular opinion, active-duty members of the military do retain some of their constitutional rights. While there are some military-specific restrictions on these rights, most protest actions are in fact legal.