scope:

Purpose.

To implement the October 2004 amendments to reference (a) and the December 2004 amendments to reference (b). This instruction makes minor revisions to SECNAVINST 5370.7B, which it replaces. This Instruction has been administratively revised and should be reviewed in its entirety.

Applicability.

a. The protections in this instruction apply to: active-duty military personnel, both Regular and Reserve; midshipmen of the Naval Academy and in the Reserve Officer Training Corps; Reserve personnel when performing active or inactive duty for training, or engaging in an activity directly related to the performance of a Department of Defense (DoD) duty or function; and all other members of the Armed Forces (as defined in reference (b)) who, although not in the Navy or Marine Corps, are assigned to a Navy or Marine Corps unit. They also apply to a member of the Coast Guard when the Coast Guard is operating as a service in the Navy, or when an individual member of the Coast Guard is assigned to a Navy or Marine Corps unit.

b. The restrictions set forth in paragraphs 5(b) and 5(c) of this instruction apply to: active-duty military personnel, both Regular and Reserve; all Department of the Navy (DON) civilian personnel, including non-appropriated fund employees; midshipmen of the Naval Academy and in the Reserve Officer Training Corps; Reserve personnel when performing active or inactive duty for training, or engaging in an activity directly related to the performance of a DoD duty or function; and all other members of the Armed Forces (as defined in reference (b)) who, although not in the Navy or Marine Corps, are assigned to a Navy or Marine Corps unit. They also apply to a member of the Coast Guard when the Coast Guard is operating as a service in the Navy, or when an individual member of the Coast Guard is assigned to a Navy or Marine Corps unit.

c. Reference (e) is applicable to DON civilian personnel claiming Whistleblower reprisal. The Office of Special Counsel (OSC) has primary jurisdiction for the investigation of civilian employee complaints of reprisal. The Inspector General, Department of Defense (DoDIG) Civilian Reprisal Investigations Directorate (CRI) also investigates some civilian employee reprisal complaints. Civilian employees should be encouraged to seek the assistance of OSC or CRI. However, if a civilian complainant rejects an investigative role by OSC or CRI, a DON investigator shall be assigned to conduct a reprisal investigation. Non-appropriated fund and Defense Contractor personnel should consult the DoDIG website (www.dodig.mil) for procedures applicable to them.