Page 609 - Trump Executive Orders 2017-2021

10312 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

relating to such administrative proceeding; and the wrongful destruction or concealment of
infonnation relevant to such adverse administrative proceeding.
d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 5 years.
e. Sample specification.
In that (personal jurisdiction data), did (at/on board-location) (subject-
matter jurisdiction data, if required), on or about __ 20 ____:;(wrongfully endeavor to) [impede
(an adverse administrative proceeding) (an investigation)(_)] [influence the actions of __ ,
(an officer responsible for making a recommendation concerning the adverse administrative
action) (an individual responsible for making a decision concerning an adverse administrative
proceeding) (an individual responsible for processing an adverse administrative proceeding)
( __ )] [(influence) (alter) the testimony of a witness before (a board established to
consider an administrative proceeding or elimination) (an investigating officer) ( __ )] in the
case of by](promising) (offering) (giving) to the said (the sum of$ __ ), ___ ,
of a value of (about) $ __ )] [communicating to the said a threat to ] [ ], (if)
(unless) the said _____, would [recommend dismissal of the action against said ]
[(wrongfully refuse to testify) (testify falsely concerning ( )] [(at such administrative
proceeding) (before such investigating officer) (before such administrative board)] [ ].

89. Article 132 (10 U.S.C. 932)-Retaliation
a. Text ojstatute.
(a) IN GENERAL.-Any person subject to this chapter who, with the intent to retaliate
against any person for reporting or planning to report a criminal offense, or making or
planning to make a protected communication, or with the intent to discourage any person
from reporting a criminal offense or making or planning to make a protected
communication-
(1) wrongfully takes or threatens to take an adverse personnel action against
any person; or
(2) wrongfully withholds or threatens to withhold a favorable personnel action
with respect to any person;
shall be punished as a court-martial may direct.
(b) DEFINITIONS.-In this section:
(1) The term "protected communication" means the following:
(A) A lawful communication to a Member of Congress or an Inspector
General.
(B) A communication to a covered individual or organization in which
a member of the armed forces complains of, or discloses information that the member
reasonably believes constitutes evidence of, any of the following:
(i) A violation of law m· regulation, including a law or
regulation prohibiting sexual harassment or unlawful discrimination.
(ii) Gross mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public health or safety.
(2) The term "Inspector General" has the meaning given that term in section
1 0340) of this title.
(3) The term "covered individual or organization" means any recipient of a
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00426 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.428</GPH>
communication specified in clauses (i) through (v) of section 1034(b)(l)(B) of this title.

407