Military Whistleblower Protection Act


The Military Whistleblower Protection Act 10 U.S.C §1034 protects the right of members of the Armed Services to communicate with any member of Congress (including copies of the communication that may be sent to others.)  The Military Whistleblower Protection Act of 1988 was passed by the United States Congress to protect military members who make lawful disclosures of wrongdoing to Members of Congress, or Inspector General. It required the Office of the Inspector General, and the U.S. Department of Defense to investigate allegations of whistleblower reprisal. The statute was broadened in 1991 to protect disclosures to auditors, criminal investigators, inspectors, and other Department of Defense law enforcement officers. In 1998, Congress amended the statute to permit lesser Inspectors General to receive allegations, and conduct investigations, and retained oversight in the Office of Inspector General, U.S. Department of Defense.


Under the Military Whistleblower Protection Act, no person may take (or threaten to take) an unfavorable personnel action, or withhold (or threaten to withhold) a favorable personnel action, as a reprisal against a member of the armed forces for making or preparing a communication to a Member of Congress or an Inspector General that may not be restricted; or a communication that is made to the following:


  • Member of Congress;
  • Inspector General (as defined in subsection (i)) or any other Inspector General appointed under the Inspector General Act of 1978;
  • A member of a Department of Defense audit, inspection, investigation, or law enforcement organization;
  • Any person or organization in the chain of command; or
  • Any other person or organization designated pursuant to regulations or other established administrative procedures for such communications.