Photo: Daniel Ellsberg, who blew the whistle on the Vietnam War. (Photo: Gotfryd, Bernard, photographer, Public domain, via Wikimedia Commons)
Above, a glimpse of the memo available here as a handy PDF: WhistleblowerAct. Text below:
The Military Whistleblower Protection Act (MWPA)Author: Christina McElroy | Military Law Task Force |
Legal Disclaimer: This document is for general informational purposes only. Its contents are not legal advice.“We rely heavily on our military members, civilian employees, and contractors to freely report issues of fraud, waste, and abuse without fear of retaliation. We all are potential whistleblowers and we should be aware of the protections afforded to us under the applicable statutes. It is a responsibility we can’t afford to dismiss!” – Ken Sharpless DoD Whistleblower Protection Coordinator
What is the Military Whistleblower Protection Act?
The Military Whistleblower Protection Act (10 U.S.C. § 1034) is a federal law that protects uniformed service members who report wrongdoing. Its main purpose is to strengthen whistleblower rights, prevent retaliation, and help eliminate misconduct within the government.
The Act does two key things:’
1 .It bars retaliation against a service member who makes (or
is believed to have made) a protected report to an authorized government official, or who otherwise engages
(noun) a person who makes in protected whistleblowing and public disclosure
2. It prevents anyone from restricting a service member’s corruption or wrongdoing right to report concerns to an inspector general or a member of Congress.
These protections build on earlier efforts to safeguard whistleblowers within the Department of Defense (DoD). In 1978, Congress passed the Inspector General Act, creating independent oversight offices, including the DoD Office of the Inspector General (OIG), to investigate and review DoD programs and operations. The DoD later issued Directive 5106.01 to put the Act into practice and establish a whistleblower protection system to address retaliation and other concerns.
To formally incorporate the Military Whistleblower Protection Act into DoD policy, the Department issued DoD Directive 7050.06, “Military Whistleblower Protection,” in April 2015. This directive explains how service members are protected when they make protected communications, assigns duties for handling complaints, and defines important terms used when investigating retaliation or restrictions against service members.
Why is the Military Whistleblower Protection Act important?
Military service members do not have the same First Amendment rights that civilians do. Free speech in uniform is limited because the military prioritizes mission readiness, discipline, and national security. In November of 2009, the Department of Defense published DOD Instruction (DODI) 1325.06, a rule that covers dissent and protest in the Armed Forces. It says that a service member’s right of expression should be protected “to the maximum extent possible.” But that protection only applies when the speech stays consistent with good order and discipline and does not conflict with national security. The Instruction also warns that no commander should ignore speech that, “if allowed to proceed unchecked, would destroy the effectiveness of his or her unit.” Ultimately, the Instruction leaves it to the “calm and prudent” judgment of each commander to decide what speech threatens national security or unit effectiveness.
In practice, this means that a service member’s free speech rights can change depending on their command. Because the Instruction gives commanders such broad discretion, decisions are often inconsistent, based on personal preference, or influenced by prejudice.
Recently, DoD 1325.06 was updated to comply with Executive Order 14168, issued in January 2025, titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government.” In response, the DoD revised its language and administrative processes to align with the Executive Order’s goal of “restoring biological truth.” While these changes give some individuals more freedom to express certain viewpoints, they also place others, especially LGBTQIA+ service members, at greater risk of punishment or retaliation for speech that was previously protected.
This uneven and shifting landscape is why protections like the Military Whistleblower Protection Act and DoD Directive 7050.06 are so critical. When speaking up becomes risky, these policies help protect service members from retaliation and defend their right to report wrongdoing.
Who is protected under the Act?
Protections designated under the MWPA apply to:
* Enlisted Members and Officers (commissioned and warrant) of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. This applies whether an individual is serving active duty, serving in any Reserve or National Guard capacity or training status.
* Cadets and midshipmen at the U.S. military service academies (Army, Air Force, Navy), who are considered active-duty under 10 U.S.C. § 101(d) during enrollment.
* Officers of the National Oceanic and Atmospheric Administration (NOAA) Commissioned Corps (33 U.S.C. §3071(a)(8))
* Officers of the U.S. Public Health Service Commissioned Corps (42 U.S.C. § 213a(18))
What is considered a “protected communication” under the Act?
“No person may restrict a member of the armed forces in communicating with a Member of Congress or an Inspector General.”
10 USC §1034(a)(1)
The Act states that restrictions on “protected communications” are prohibited. However, this does not apply to a communication that is unlawful. So what is considered “protected” and what is “unlawful?
Protected Communication (PC) Unlawful Communication
The DoD defines “protected communication” as communication a service member reasonably believes evidences:
A violation of law or regulation to include a law or regulation prohibiting rape, sexual assault, or other sexual misconduct in violation of the UCMJ
Gross mismanagement
Gross waste of funds
An abuse of authority A threat by a service member or employee of the Federal Government that indicates a “determination or intent” to “kill or cause serious bodily injury” to service members or civilians, or “damage to military, federal, or civilian property”
Communication must be considered “lawful” under the Uniform Code of Military Justice Article 117 “Provoking Speeches or Gestures” and the civilian meaning of the term.
UCMJ Article 117: Examples of UCMJ unlawful speech include provoking or reproachful words, words that express an intent to wrongfully injure a person, property, or the reputation of another person, and disrespectful words toward a superior commissioned officer.
Civilian unlawful speech: Examples of civilian unlawful speech include threats against the President, threatening terrorism against the United States, and defamation.
Protected Communication Hypotheticals
OIG’s 2024 Guide to Investigating Military Whistleblower Reprisal and Restriction Complaints lists several hypothetical examples of protected communications. A few are listed below:
1. An Air Force Service member reported to their chain ofcommand that their supervisor used foul language. (This would be a protected communication because if an Air Force service member communicates indecent language either orally or in writing to another person, they are violating the provisions of Air Force Instruction 1-1, “Air Force Standards,” August 18, 2023.)
2. An Army Service member filed a complaint with the DoD Hotline, in which they alleged undue command influence and a denial of promotion.
3. A National Guard Service member filed an Article 138, “Complaint of Wrongs,” against theirleadership, in which they alleged bullying and a hostile work environment.
4. A Navy Service member was interviewed as a witness in a DoD investigation. During the interview, the Service member reported violations.
5. An Air Force Service member entered the IG office to discuss that weekend’s big game. (Although the Service member’s visit to the IG office was purely social, the communication was lawful and therefore protected.)
Guide to Investigating Military Whistleblower Reprisal and Restriction Complaints
U.S. Department of Defense Office of the Inspector General
[https://www.dodig.mil/Components/Administrative-Investigations/Whistleblower-Reprisal-Investigations/
Whistleblower-Protection-Coordinator/] ⟶ [“Resources”] ⟶ [“Guide to Investigating Military Whistleblower Reprisal and Restriction Complaints (May 9, 2024)”]
What audience is appropriate for a “protected communication”?
The audience for a protected communication must be one or more of the following:
Members of Congress
An inspector general
A member of a DoD audit, inspection, investigation, or law enforcement organization
Any person or organization in the individual’s chain of command
A court-martial proceeding
Any other person or organization designated pursuant to regulations or other established administrative procedures for such communications
What kind of retaliation does the Act protect me from?
DoD Directive 7050.06 makes it clear that no one in the military is allowed to punish or threaten a service member for speaking up. It states that no person may take, or threaten to take, an unfavorable personnel action, and no one may withhold, or threaten to withhold, a favorable personnel action as retaliation for a service member making, preparing to make, or even being perceived as preparing a protected communication. In other words, you cannot be punished simply because you reported misconduct or tried to report it.
The Directive defines a “personnel action” as anything that affects, or could affect, a service member’s career or current position. It provides a wide range of examples to make clear that retaliation can take many forms. These include:
Denying a promotion
Disciplinary or corrective action
Transfers or reassignments
Negative performance evaluations
Decisions about pay, benefits, awards, or training
Referring someone for an involuntary mental health evaluation
Giving duties that don’t match a member’s rank or responsibilities
Starting an investigation mainly to punish, harass, or isolate a service member
Retaliation can include anything that harms a career, blocks an opportunity, or isolates a service member for speaking up. Under DoD Directive 7050.06, all of these actions are prohibited when they are used to punish or silence someone who reports wrongdoing.
What is the difference between a reprisal and a restriction?
Even though the Military Whistleblower Protection Act (MWPA) says that service members should be free from retaliation for making a protected communication, retaliation still happens. When it does, service members can file a complaint under 10 U.S.C. § 1034, but they must understand the difference between reprisal and restriction in order to file the right type of complaint.
Reprisal: Did someone try to punish you for speaking up?
Under 10 U.S.C. § 1034, service members are protected from reprisal for whistleblowing. A reprisal occurs when someone takes, threatens to take, or holds back a personnel action (good or bad) because you made, tried to make, or were believed to be preparing a protected communication.
Reprisals have two important components:
1. A protected communication (PC) you made or were preparing to make
2. A personnel action (PA) taken or threatened afterward
Restriction: Did someone try to stop you from speaking up?
10 U.S.C. § 1034 also makes it illegal for anyone to stop a service member from communicating with Congress or an IG. Under DoD Directive 7050.06, restriction occurs when a service member can reasonably believe that someone’s words or actions would have deterred another service member from making a protected communication. Under this definition, a restriction can still occur even if it didn’t actually work.
This means:
Intent does not matter. A person can be found to have restricted communication even if they did not mean to restrict you.
Success does not matter. The complaint can be substantiated even if you eventually did speak to Congress or an IG anyway.
If you are a service member who believes they have experienced a violation of their rights, you may file a whistleblower complaint under 10 U.S.C. § 1034, “Protected communications; prohibition of retaliatory personnel actions.” A 10 U.S.C. § 1034 complaint may allege reprisal or restriction.
Reprisal Complaint Restriction Complaint
To support a reprisal claim, you must be able to show:
You made, attempted to make, or were preparing an attempt to make a protected communication to someone allowed under the MWPA and The management official who acted against you knew about your communication and
After that person learned of your communication, there was a negative personnel action, or a positive action was blocked or withheld.
To support a restriction claim, you must be able to show:
You made, attempted to make, or were preparing an attempt to make a protected communication and
A reasonable person could believe, if true,
that someone’s words or actions would have deterred a similarly situated Service member from lawfully communicating
with a Member of Congress or IG.
What information do I need to include?
Before filing a complaint make sure you have collected all the required information.
Full name, rank, duty status (Active, Reserve, Guard); job title, organization, duty location, work and residence telephone numbers, and mailing and email addresses.
A copy of the protected communication (if written) and any reply you received about the matter. If a copy is not available, please provide the following information:
The date of the communication or disclosure.
To whom the protected communication or disclosure was made (name, title organization and location, and telephone number).
The content of the protected communication or disclosure.
Whether the matter was investigated, when, and by whom.
Identification of each personnel action taken, withheld, or threatened to be taken or withheld
Provide documentation for each personnel action or action affecting eligibility. If documentation is not available, please describe the action and the give date of the action.
Provide to the extent possible the following information for each official responsible for signing, taking, recommending, or influencing the action(s) at issue: full name, rank and/or grade, duty title, duty status, organization, duty location, and commercial or DSN telephone number.
An explain of why and how any responsible official knew of the protected communication or disclosure before taking the personnel action.
Reasons why you believe there is a connection between your protected communication or disclosure and the action taken against you.
Identification of key witnesses that can provide evidence to support your reprisal or restriction complaint and include their contact information.
For additional information on complaint filing check out:
Department of Defense Directive 7050.06: Military Whistleblower Protection
U.S. Department of Defense, Office of the Inspector General
Service Members: How to File a Whistleblower Complaint
U.S. Department of Defense, Office of the Inspector General
[https://www.dodig.mil/Components/Administrative-Investigations/DoD-Hotline/] ⟶ [“Military /
Civilians / NAFI/Contractor – How to File a Whistleblower Reprisal Complaint”] ⟶ [“Service
Members: How to File a Whistleblower Complaint ”]
Military Whistleblower Protection Act Fact Sheet Office of the Whistleblower Ombuds
[https://whistleblower.house.gov/] ⟶ [“Resources” Tab] ⟶ [“Resources for Whistleblowers”] ⟶ [“Sector Specific Fact Sheets”] ⟶ [“Military Whistleblower Protection Act”]
Whistleblower Protection: Military Personnel PowerPoint
Office of the Inspector General, Whistleblower Protection Coordinator
[https://www.dodig.mil/] ⟶ [“Whistleblower Protection”] ⟶ [“Educational Materials”] ⟶ [“What Military Members Need to Know”]
Legal Disclaimer: This document is for general informational purposes only. Its contents are not legal advice.
Where can I file a complaint?
Once you are prepared to prove all of the required elements, you have several options for reporting:
Inspector General (IG) Office
Notifying your local or command Inspector General (IG) office is the most efficient means to report and resolve your complaint within the IG system. Complaints receive DoD IG oversight regardless of submission location.
DoD Hotline
The DoD Hotline’s online complaint form (link here) is another secure method of filing.
Alternatively, you may download the PDF form and send the information requested in Part 2,
“Complaint Details” to: DoD Hotline, The Pentagon, Washington, DC 20301-1900 or send via Fax: 703604-8567, DSN 664-8567
Classified Complaints (If you have any questions, please call the DoD Hotline at 1-800-424-9098) For up to SECRET you can file via SIPRNet at www.dodig.smil.mil/hotline.
For TOP SECRET complaints, you can file via the Joint Worldwide Intelligence Communications System (JWICS) at www.dodig.ic.gov/hotline/index.html.
Deadlines: Reprisal complaints must be filed within one year of the date you learned you were being punished. However, IG may accept late complaints if you reasonably believed you were misled about your rights, prevented from filing, or you submitted your complaint to the wrong office within the year. Restriction complaints have no time limit for filing.
To better understand the full investigation process and what happens after you file check out:
Investigating Military Whistleblower Reprisal & Restriction Complaints
U.S. Department of Defense Office of the Inspector General
[https://www.dodig.mil/Components/Administrative-Investigations/Whistleblower-ReprisalInvestigations/ Whistleblower-Protection-Coordinator/] ⟶ [“Resources”] ⟶ [“Guide to Investigating
Military Whistleblower Reprisal and Restriction Complaints (May 9, 2024)”]
Author: Christina McElroy Date: November 20, 2025
Christina McElroy is a law student and military veteran based in Portland, Oregon. Her academic and professional work centers on improving legal understanding and equitable access to resources for service members and the general public. She hopes her work helps people feel confident enough to advocate for themselves.
Need the assistance of an attorney or a GI rights counselor in preparing and submitting a complaint?
Contact the Military Law Task Force (MLTF) at www.nlgmltf.org for more information.
