DAFI36-2710

BY ORDER OF THE

SECRETARY OF THE AIR FORCE

DEPARTMENT OF THE AIR FORCE

INSTRUCTION 36-2710

23 MAY 2024

Personnel

EQUAL OPPORTUNITY PROGRAM

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

ACCESSIBILITY: Publications and forms are available on the e-Publishing website at

www.e-publishing.af.mil for downloading or ordering.

RELEASABILITY: There are no releasability restrictions on this publication.

OPR: SAF/MRQ Certified by: SAF/MR

Supersedes: DAFI36-2710, 18 June 2020 Pages: 267

This instruction implements Air Force Policy Directive (AFPD) 36-27, Equal Opportunity,

consistent with Department of Defense Directive (DoDD) 1020.02E, Diversity Management and

Equal Opportunity in the DoD, DoDD 1440.1, The DoD Civilian Equal Employment Opportunity

(EEO) Program, Department of Defense Instruction (DoDI) 1020.03, Harassment Prevention and

Response in The Armed Forces, DoDI 1020.04, Harassment Prevention and Responses for DoD

Civilian Employees, DoDI 1350.02, DoD Military Equal Opportunity (MEO)Program, DoDI

1400.25, Volume 1614, DoD Civilian Personnel Management System: Investigation of Equal

Employment Opportunity (EEO) Complaints, and 29 Code of Federal Regulations (CFR) Part

1614, Federal Sector Equal Employment Opportunity. This instruction provides directive guidance

and procedures in implementing the Department of the Air Force’s (DAF) civilian equal

employment opportunity (EEO) and military equal opportunity (MEO) policies and programs.

This publication applies to military members subject to the of the Uniform Code of Military Justice

(UCMJ) in Regular Air Force (RegAF), United States Space Force (USSF), the Air Force Reserve

(AFR), the Air National Guard (ANG) under Title 10 United States Code (USC), United States

Air Force Academy Cadets, eligible senior Reserve Officer Training Corps Cadets, and all DAF

civilian personnel (except National Guard Technicians who are governed by National Guard

Bureau (NGB) regulations, directives, and principles) subject to civilian administrative and/or

disciplinary action under applicable laws and policies. It does not apply to contractor employees

unless authorized by law or regulation to file a federal agency complaint. It does not apply to

employees or applicants of the Army and Air Force Exchange Service. For specific applicability

of protections and procedures, see “applicability” or “eligibility” statements within each chapter

of this instruction. This instruction requires the collection and/or maintenance of information

2 DAFI36-2710 23 MAY 2024

protected by the Privacy Act of 1974 authorized by DoDI 5400.11, “DoD Privacy and Civil

Liberties Programs.” The applicable system of records notices (SORN) F036 AF DP G, Equal

Opportunity and Sexual Assault Prevention and Response (SAPR) (January 22, 2009, 74 FR 4020);

F036 AF PC Q, Personnel Data System (PDS) (June 11, 1997, 62 FR 31793); and EEOC/GOVT-1,

Equal Employment Opportunity Commission (EEOC) Complaints and Appeals Records at Equal

Employment Opportunity in the Federal Government and Appeals Records (April 26, 2006, 71 FR

24704). These SORNs are available at http://dpclo.defense.gov/Privacy/SORNs.aspx. This

instruction contains reporting requirements subject to the Freedom of Information Act (5 USC §

552) and includes requirements which must comply with the Health Insurance Portability and

Accountability Act’s standards for information transactions and data elements (42 USC § 1320d)

and privacy and security rules. Ensure all records generated as a result of processes prescribed in

this publication adhere to Air Force Instruction (AFI) 33-322, Records Management and

Information Governance Program, and are disposed in accordance with the Air Force Records

Disposition Schedule, which is located in the Air Force Records Information Management System.

Refer recommended changes and questions about this publication to the office of primary

responsibility (OPR) using the DAF Form 847, Recommendation for Change of Publication; route

a DAF Form 847 from the field through the appropriate functional chain of command to

[email protected]. Compliance is mandatory for this instruction. This instruction

may be supplemented at any level, but all supplements that directly implement this instruction

must be routed to the Director, Department of the Air Force Equal Opportunity Program

(SAF/MRQ) as the OPR for coordination prior to certification and approval. The authorities to

waive wing, unit, delta or garrison level requirements in this publication are identified with a Tier

(“T-0, T-1, T-2, T-3”) number following the compliance statement. Submit requests for waivers

through the chain of command to the appropriate tier waiver approval authority or alternately to

the publication OPR for non-tired compliance items. See DAF Manual (DAFMAN) 90-161,

Publishing Processes and Procedures, for a description of the authorities associated with the tier

numbers. The DAF Equal Opportunity (EO) Career Field Manager (CFM) is the waiver authority

for all T-1 compliance items associated with DAF EO career field training.

SUMMARY OF CHANGES

This document has been substantially revised and needs to be completely reviewed. Major changes

include: aligning policies, procedures, and naming conventions consistent with federal laws and

DoD policies affecting the EEO and MEO program; updates roles and responsibilities for

implementing the DAF EO Program at all levels; and integrates USSF into the DAF EO Program

policy and procedures. All references to Headquarters Air Force (HAF) include the Secretariat, the

Air Staff, and the Office of the Chief of Space Operations (“Space Staff”).

DAFI36-2710  23 MAY 2024  3 
Chapter 1—THE DEPARTMENT OF THE AIR FORCE EQUAL OPPORTUNITY 
PROGRAM OVERVIEW    11 
1.  Program Overview. ..................................................................................................   11 
2.  Program Purpose. .....................................................................................................   11 
3.  Program Scope and Applicability. ...........................................................................   11 
4.  The Department of the Air Force Equal Opportunity and Nondiscrimination 
Policy. ......................................................................................................................   12 
5.  The Department of the Air Force Equal Opportunity Commitment of Service. ......   13 
6.  DAF Unlawful Discrimination and Harassment Hotline. ........................................   14 
7.  Discrimination in Programs Conducted or Assisted by the Department of the Air 
Force. .......................................................................................................................   15 
Chapter 2—ROLES AND RESPONSIBILITIES    16 
1.  The Assistant Secretary of the Air Force, Manpower and Reserve Affairs 
(SAF/MR). ...............................................................................................................   16 
2.  Deputy Chief of Staff, Manpower, Personnel, and Services (AF/A1). ....................   19 
3.  Deputy Chief of Space Operations for Human Capital (SF/S1). .............................   20 
4.  The General Counsel ...............................................................................................   20 
5.  The Judge Advocate General (AF/JA). ....................................................................   20 
6.  The Inspector General of the DAF (SAF/IG). .........................................................   21 
7.  Deputy Chief of Staff for Logistics, Engineering, and Force Protection (AF/A4). .   22 
8.  Director, Office of Diversity and Inclusion (SAF/DI). ............................................   22 
9.  Director of Public Affairs (SAF/PA). ......................................................................   24 
10.  Chief, Air Force Reserve (AF/RE). .........................................................................   24 
11.  Headquarters, Air Force Reserve Command (AFRC). ............................................   24 
12.  Chief, National Guard Bureau (CNGB). ..................................................................   24 
13.  Air National Guard Readiness Center Equal Opportunity Directorate 
(ANGRC/EO). .........................................................................................................   24 
14.  Air Force Personnel Center Commander (AFPC/CC). ............................................   25 
15.  Headquarters Air Education and Training Command (AETC). ..............................   31 
16.  MAJCOM/FLDCOM Commander. .........................................................................   32 
17.  MAJCOM/FLDCOM Equal Opportunity Functional Manager. ..............................   33 
18.  Installation Commander. ..........................................................................................   36 
19.  Commanders (Unit, Tenant, Direct Reporting Unit, Geographically Separated 
Units, Forward Operating Agency) (and Civilian Equivalents)...............................   40 

DAFI36-2710  23 MAY 2024 
20.  Installation Equal Opportunity Directors. ................................................................   42 
21.  Equal Opportunity Practitioners. .............................................................................   49 
22.  Civilian Collateral Duty Equal Opportunity Practitioners (Civilian EEO 
Counselors). .............................................................................................................   52 
23.  Installation Staff Judge Advocates (SJA). ...............................................................   52 
24.  Installation Civilian Personnel Section (CPS). ........................................................   53 
Chapter 3—CIVILIAN EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT 
PROGRAM    54 
1.  Overview. .................................................................................................................   54 
2.  Applicability. ...........................................................................................................   54 
3.  Complaint Process and Timelines Overview. ..........................................................   55 
4.  Anonymity. ..............................................................................................................   55 
5.  Aggrieved Individuals and Complainants Rights and Responsibilities. ..................   56 
6.  Impartiality. ..............................................................................................................   56 
7.  Connect to Care Approach. ......................................................................................   57 
8.  Safeguarding Privacy. ..............................................................................................   57 
9.  Intake and Initiation of the EEO Complaint Process. ..............................................   57 
10.  Pre-Complaint Process. ............................................................................................   59 
11.  Alternative Dispute Resolution in the Pre-Complaint Complaint Process. .............   60 
12.  Final Interview and Notice of Right to File a Formal Complaint. ...........................   63 
13.  Counselor’s Report. .................................................................................................   64 
14.  Sexual Harassment Complaints. ..............................................................................   64 
15.  Formal Complaint Process Pursuant to 29 CFR Part 1614. .....................................   76 
16.  EEOC Hearings. .......................................................................................................   84 
17.  Final Agency Actions ..............................................................................................   85 
18.  Final Agency Decision Without a Hearing. .............................................................   86 
19.  Compliance with EEOC Orders and DAF Final Agency Actions. ..........................   86 
20.  Negotiation of Settlements. ......................................................................................   87 
21.  Alternative Dispute Resolution in the Formal Complaint Process. .........................   90 
22.  Formal Complaint Appeals. .....................................................................................   90 
23.  Agency Appeals. ......................................................................................................   91 
24.  Requests for Reconsideration. .................................................................................   91 
25.  Class Action Complaints. ........................................................................................   92 

DAFI36-2710  23 MAY 2024  5 
26.  Mixed Case EEO Complaints and Appeals. ............................................................   95 
27.  Conflicts of Interest. ................................................................................................   97 
28.  EEO Complaints in Joint Service Environments. ....................................................   98 
29.  Deployed Environments. .........................................................................................   99 
30.  Complaints Pertaining to DAF Programs and Facilities. .........................................   100 
31.  EEO Complaints Involving Non-Referral and Non-Selection of Positions. ............   100 
32.  Non-EO Contact Referrals. ......................................................................................   101 
33.  Warm Hand-Offs (Connect to Care Approach). ......................................................   101 
34.  Distress and Risk to Self or Others. .........................................................................   101 
35.  Suspected Criminal or Extremist Activities. ............................................................   101 
36.  DAF Unlawful Discrimination and Harassment Hotline Procedures. .....................   102 
Chapter 4—MILITARY EQUAL OPPORTUNITY PROGRAM COMPLAINT 
PROCESSES    103 
1.  Overview. .................................................................................................................   103 
2.  Program Eligibility. .................................................................................................   103 
3.  Third Party Reporting. .............................................................................................   104 
4.  Military Equal Opportunity (MEO) Complaint Options and Timelines. .................   104 
5.  Confidentiality and Privacy. ....................................................................................   106 
6.  Connect to Care Approach. ......................................................................................   106 
7.  Complainant Rights and Responsibilities. ...............................................................   106 
8.  Acceptance of MEO Complaints. ............................................................................   107 
9.  Maintaining Impartiality. .........................................................................................   107 
10.  Safeguarding Privacy. ..............................................................................................   107 
11.  Intake and Initiation of the MEO Complaint Processes. ..........................................   108 
12.  Legal Sufficiency Reviews. .....................................................................................   110 
13.  Informal Complaint Process and Procedures. ..........................................................   110 
14.  Military Equal Opportunity Formal Complaint Process (Excluding Sexual 
Harassment). ............................................................................................................   117 
15.  Formal Complaints of Sexual Harassment Pursuant to the Procedures in 10 USC 
§ 1561. .....................................................................................................................   134 
16.  Anonymous Complaints. .........................................................................................   144 
17.  MEO Complaint Use of Alternative Dispute Resolution (Facilitation Only). .........   146 
18.  Connect to Care Approach and Referral Types. ......................................................   148 
Table  4.1.  DAF Agencies for Non-EO Referrals. .....................................................................   157 

DAFI36-2710  23 MAY 2024 
19.  Receiving Referrals from Other Agencies. ..............................................................   158 
20.  Complex Issues. .......................................................................................................   159 
21.  MEO Complaints .....................................................................................................   161 
22.  MEO Complaints against .........................................................................................   162 
23.  MEO Complaints against All Officers and Civil Servants Grade 15 (or 
equivalent) other than Senior Officials (and Civilian Equivalents). ........................   162 
24.  DAF Unlawful Discrimination and Harassment Hotline Procedures. .....................   162 
25.  MEO Complaints in Joint Service Environments. ...................................................   164 
26.  Deployed Environments. .........................................................................................   166 
Chapter 5—EQUAL OPPORTUNITY AND TREATMENT INCIDENTS    168 
1.  Overview. .................................................................................................................   168 
2.  Scope. .......................................................................................................................   168 
3.  Purpose. ...................................................................................................................   168 
4.  Reporting EOTIs. .....................................................................................................   168 
5.  Suspected Criminal or Extremist Activities. ............................................................   169 
6.  EOTI Classification. ................................................................................................   170 
7.  EOTI Notifications. .................................................................................................   171 
8.  EOTI Clarification. ..................................................................................................   173 
9.  EOTI Clarification Report. ......................................................................................   174 
10.  EOTIs Involving Senior Officials. ...........................................................................   174 
11.  EOTIs Involving Joint Services and/or Tenant Commands/Organizations. ............   174 
12.  Social Media Incidents. ............................................................................................   175 
13.  EOTI Documentation. ..............................................................................................   176 
Chapter 6—EQUAL OPPORTUNITY TRAINING AND EDUCATION    178 
1.  Overview. .................................................................................................................   178 
2.  Key Personnel Briefing. ...........................................................................................   178 
3.  First Duty Station Training. .....................................................................................   179 
4.  Newcomer’s Orientation. .........................................................................................   179 
5.  Notification and Federal Employee Antidiscrimination and Retaliation Act (No 
FEAR Act) Training. ...............................................................................................   179 
6.  Unlawful Discriminatory Harassment Response Training. .....................................   180 
7.  Supervisor and Manager Unlawful Discriminatory Harassment Response 
Training. ...................................................................................................................   180 

DAFI36-2710  23 MAY 2024  7 
6.8.  Prohibited Harassment (Bullying and Hazing) Response Training. ........................   180 
6.9.  Sexual Harassment Confidential Reporting for Military Members Training. .........   180 
6.10.  MEO Training for Military Members and DAF Civilians who Supervise Military 
Members. .................................................................................................................   180 
6.11.  Sexual Harassment Awareness Education. ..............................................................   181 
6.12.  MEO Training at Pre-Commissioning Programs. ....................................................   181 
6.13.  Military Equal Opportunity Training at Initial Entry Training. ...............................   181 
6.14.  Military Equal Opportunity Training at Professional Military Education 
Programs. .................................................................................................................   181 
6.15.  Training Accessibility for DAF Civilian Employees. ..............................................   181 
6.16.  Training Resources and Procedures. ........................................................................   182 
Chapter 7—CAREER FIELD MANAGEMENT AND TRAINING    184 
7.1.  Overview. .................................................................................................................   184 
7.2.  Career Field Eligibility. ...........................................................................................   184 
7.3.  Impartiality. ..............................................................................................................   184 
7.4.  Enlisted Personnel Career Field Recruitment. .........................................................   185 
7.5.  Initial Skill Training. ................................................................................................   186 
7.6.  Intermediate and Advanced Training [DAF Civilians in the Position of 
MAJCOM/FLDCOM EO Functional Managers, EO Directors, and EO 
Practitioners Only]. ..................................................................................................   188 
7.7.  Annual Refresher Training. .....................................................................................   188 
7.8.  Negotiation and Dispute Resolution (NDR) Managers and Practitioners. ..............   189 
7.9.  ADR Annual Refresher Training. ............................................................................   189 
7.10.  Misconduct and Performance Issues. .......................................................................   190 
Chapter 8—DEPARTMENT OF THE AIR FORCE EQUAL OPPORTUNITY 
INFORMATION TECHNOLOGY SYSTEM; RECORDS COLLECTION, 
ACCESS, DISCLOSURE, MANAGEMENT, AND DISPOSITION; AND 
EQUAL OPPORTUNITY DATA COLLECTION AND REPORTING 
REQUIREMENTS    191 
8.1.  The Department of the Air Force (DAF) Equal Opportunity (EO) Information 
Technology System. .................................................................................................   191 
8.2.  Office of Management and Budget Exemption. ......................................................   191 
8.3.  System Access. ........................................................................................................   191 
8.4.  Data Entry ................................................................................................................   192 
8.5.  Data Quality Control Reviews. ................................................................................   192 

DAFI36-2710  23 MAY 2024 
6.  System Technical Errors and Issues Reporting. .......................................................   193 
7.  Records Collection, Management, and Disposition. ................................................   193 
8.  Demographic Data. ..................................................................................................   195 
9.  EO Authorization to Access Records and Information. ...........................................   195 
10.  Equal Employment Opportunity (EEO) Data Collection. .......................................   195 
11.  Military Equal Opportunity (MEO) Data Collection. ..............................................   195 
12.  Above DAF Reporting Requirements. .....................................................................   196 
Table  8.1.  Above DAF EO Reporting Requirements. ..............................................................   197 
13.  Department of Air Force Form 3018 Equal Opportunity/Training and Education 
Summary Reports. ...................................................................................................   199 
Chapter 9—EQUAL OPPORTUNITY OUTREACH, FOCUS GROUPS, ASSESSMENTS, 
AND STAFF ASSISTANCE VISITS    201 
1.  Overview. .................................................................................................................   201 
2.  Purpose. ...................................................................................................................   201 
3.  Out and About Program. ..........................................................................................   202 
4.  Focus Groups and Interviews...................................................................................   204 
Table  9.1.  Focus Group Interview Size Recommendations. .....................................................   206 
5.  Installation Equal Opportunity Assessment Summary. ...........................................   206 
6.  Staff Assistance Visits (SAV). .................................................................................   208 
Chapter 10—AFFIRMATIVE EMPLOYMENT PROGRAM (NOT APPLICABLE TO 
ANG)    212 
1.  Purpose. ...................................................................................................................   212 
2.  Affirmative Employment Program Oversight..........................................................   212 
3.  Functional Location of the Affirmative Employment Program. ..............................   212 
4.  Installation Affirmative Employment Program Manager. .......................................   213 
Chapter 11—BARRIER ANALYSIS OBLIGATION (NOT APPLICABLE TO ANG)    214 
1.  Establishing a Model Equal Employment Opportunity Program. ...........................   214 
2.  Addressing Barriers to Equal Opportunity (EO)......................................................   215 
3.  Planning and Assessment. ........................................................................................   216 
4.  Barrier Analysis Scorecard. .....................................................................................   216 
Chapter 12—SPECIAL EMPHASIS PROGRAMS (NOT APPLICABLE TO ANG 
EXCEPT WHERE NOTED)    217 
1.  Purpose. ...................................................................................................................   217 

DAFI36-2710  23 MAY 2024  9 
2.  Functional Location of Special Emphasis Programs. ..............................................   217 
3.  Special Emphasis Program Managers (SEPMs). .....................................................   217 
4.  Designating Special Emphasis Program Managers. ................................................   218 
5.  Special Emphasis Program Committees. .................................................................   221 
6.  Special Observances. ...............................................................................................   221 
Chapter 13—PERSONAL ASSISTANCE SERVICES    223 
1.  Personal Assistance Services (PAS). .......................................................................   223 
Chapter 14—REASONABLE ACCOMMODATION OF DISABILITY    226 
1.  Purpose. ...................................................................................................................   226 
2.  The Interactive Process. ...........................................................................................   226 
3.  Processing Reasonable Accommodation Requests in the Interactive Process. ........   228 
4.  Requests for Medical Documentation in Support of Reasonable Accommodation 
Requests. ..................................................................................................................   229 
5.  Supplemental Documentation. .................................................................................   229 
6.  Confidentiality. ........................................................................................................   230 
7.  Determining and Selecting Reasonable Accommodations. .....................................   230 
8.  Cost. .........................................................................................................................   231 
9.  Decisions. .................................................................................................................   231 
10.  Modifications. ..........................................................................................................   231 
11.  Reassignment/Change to a Lower Grade as a Form of Reasonable 
Accommodation. ......................................................................................................   231 
12.  Considerations for Reassignment. ...........................................................................   232 
13.  Change to Lower Grade. ..........................................................................................   232 
14.  Prohibitions on Reassignment to Higher Grade. ......................................................   233 
15.  Refusal of Reassignment. ........................................................................................   233 
16.  Performance Improvement Plans. ............................................................................   233 
17.  Disability Retirement. ..............................................................................................   233 
18.  Conclusion of the Reasonable Accommodation Process. ........................................   234 
19.  Denial of Reasonable Accommodation Requests. ...................................................   234 
20.  Implementation of Approved Reasonable Accommodations. .................................   234 
21.  Reasonable Modification, Structural Compliance, and Investigations. ...................   234 
22.  Reasonable Modification. ........................................................................................   235 
23.  Investigations. ..........................................................................................................   235 

10  DAFI36-2710  23 MAY 2024 
14.24.  Service Animals. ......................................................................................................   235 
14.25.  Use of Service Animals in DAF Facilities. ..............................................................   236 
Chapter 15—TRAINING FOR AFFIRMATIVE EMPLOYMENT PROGRAM 
MANAGERS, SPECIAL EMPHASIS PROGRAM MANAGERS, 
DISABILITY PROGRAM MANAGERS, DAF BARRIER ANALYSIS 
WORKING GROUP AND INSTALLATION BARRIER ANALYSIS 
WORKING GROUP    237 
15.1.  Affirmative Employment Program Managers and Special Emphasis Program 
Managers. .................................................................................................................   237 
15.2.  DAF Barrier Analysis Working Group and Installation Barrier Analysis Working 
Group Training. .......................................................................................................   237 
Chapter 16—ADDITIONAL DIVERSITY, EQUITY, INCLUSION, AND 
ACCESSIBILITY REPORTING REQUIREMENTS    238 
16.1.  Equal Employment Opportunity Commission (EEOC) Management Directive 
715 Federal Agency Annual Equal Employment Opportunity Program Status 
Report. .....................................................................................................................   238 
16.2.  Disabled Veterans Affirmative Action Program Report. .........................................   238 
16.3.  Federal Equal Opportunity Recruitment Program (FEORP). ..................................   238 
Attachment 1—GLOSSARY OF REFERENCES AND SUPPORTING INFORMATION    240 
 

DAFI36-2710 23 MAY 2024 11

Chapter 1

THE DEPARTMENT OF THE AIR FORCE EQUAL OPPORTUNITY PROGRAM

OVERVIEW

1.1. Program Overview. This publication establishes guidance for the Department of the Air

Force’s (DAF) civilian equal employment opportunity (EEO) complaint program and military

equal opportunity (MEO) program and activities in accordance with governing laws, Federal

regulations, and Department of Defense (DoD) policies. The DAF Equal Opportunity (EO)

Program provides oversight and implements both the EEO complaint program and MEO program

to foster an environment free from personal, social, or institutional barriers. The DAF EO Program

prohibits unlawful discrimination and discriminatory harassment (including sexual harassment)

against DAF civilian employees, former employees, and applicants for employment as well as

prohibited discrimination, discriminatory harassment (including sexual harassment), and other

forms of harassment (bullying and hazing) against military members described in this publication

to support Airmen and Guardians’ (military and civilian) abilities to rise to their highest potential.

The DAF EO Program supports the DAF’s continuous efforts to be a model employer and a lethal

force.

1.2. Program Purpose. The DAF EO Program provides timely, fair, and impartial services to

Airmen and Guardians (military and civilian) such as complaint processing, outreach, EO-related

training and education, assistance through alternative dispute resolution (ADR), and other related

services. This includes ensuring that Airmen and Guardians (military and civilian) are equipped

with knowledge about and have access to available resources such as trained EO practitioners and

the DAF Unlawful Discrimination and Harassment Hotline.

1.3. Program Scope and Applicability. The publication implements both the civilian EEO

complaint program and MEO program through the DAF EO Program. DAF EO policy compliance

is a function of leadership and command. Leaders and commanders, including civilian equivalents,

will ensure unlawful discrimination and discriminatory harassment (including sexual harassment)

against DAF civilian employees, former employees, and applicants for employment and,

prohibited discrimination, discriminatory harassment (including sexual harassment), and other

forms of harassment (bullying and hazing) against military members described in this publication

are stopped, and behavior(s) are corrected as soon as possible when made aware. (T-0) This

publication supersedes all policy guidance within the DAF that is not expressly mandated by law

or is inconsistent with this publication. Major commands (MAJCOM), field commands

(FLDCOM), direct reporting units, field operating agencies, installations, or wing policy

supplements will be provided to and approved by SAF/MRQ in accordance with DAFMAN 90-

161, Publishing Processes and Procedures.

1.3.1. The DAF EEO complaint program implements federal laws (Title VII of the Civil

Rights Act (Title 42 United States Code (USC) Section 2000e et seq.), the Age Discrimination

in Employment Act (ADEA) (29 USC 621 et seq.), the Equal Pay Act (29 USC 206(d)), the

Rehabilitation Act (29 USC 791 et seq.), the Genetic Information Nondiscrimination Act

(GINA) (42 USC 2000ff et seq.)), Equal Employment Opportunity Commission (EEOC)

regulations, and DoD policies on unlawful discrimination and discriminatory harassment

(including sexual harassment) against DAF civilian employees, former employees, and

applicants for employment on the basis(es) of race, color, religion, sex (including pregnancy,

12 DAFI36-2710 23 MAY 2024

gender identity, and sexual orientation), national origin, disability, age (over 40), genetic

information, or retaliation for prior EO activity—each category collectively known as a

protected class. For additional guidance, refer to Chapter 3. Note: Harassment allegations that

are not based on a protected class, as described in DoD Instruction (DoDI) 1020.04,

Harassment Prevention and Responses for DoD Civilian Employees, are handled in

accordance with DAF Instruction (DAFI) 36-147, Civilian Conduct and Responsibility.

1.3.2. The DAF MEO program implements federal laws and DoD policies on prohibited

discrimination and discriminatory harassment (including sexual harassment) against military

members on the basis(es) of race, color, religion, sex (including pregnancy), national origin,

gender identity, or sexual orientation—each category collectively known as a protected class.

The DAF MEO program also addresses other forms of harassment (bullying and hazing) as

described in DoDI 1020.03, Harassment Prevention and Response in the Armed Forces. For

additional guidance, refer to Chapter 4.

1.3.2.1. Prohibited discrimination and discriminatory harassment (including sexual

harassment) includes the use of disparaging terms with respect to a person’s race, color,

religion, sex (including pregnancy), national origin, gender identity, or sexual orientation

which can contributes to a hostile environment. Forms of harassment (bullying and hazing)

can also include actions where an individual failed to use reasonable care and/or show

caution under the circumstances (i.e., an individual showed a blatant and reckless disregard

for another’s wellbeing) and based on the severity, nature, and frequency of the conduct,

would cause a reasonable person to believe they were in distress and subject to a hostile

environment.

1.4. The Department of the Air Force Equal Opportunity and Nondiscrimination

Policy. Military service and civilian employment in the Air Force and Space Force should be open

to all persons who can meet the high standards to support military readiness. The DAF’s mission

success depends on Airmen and Guardians (military and civilian) at all levels having trust and

confidence in themselves, in one another, and in their leadership to promote a command climate

of EO and nondiscrimination where all Airmen and Guardians (military and civilian) are treated

with dignity and respect. This helps ensure that the Air Force and Space Force can recruit and

retain top talent to support force lethality and mission readiness. As such, the DAF will:

1.4.1. Foster and maintain a command climate that promotes EO and nondiscrimination for

all their Airmen and Guardians (military and civilian). (T-0)

1.4.2. Prohibit, not tolerate or condone, and eliminate unlawful discrimination and

discriminatory harassment (including sexual harassment) against DAF civilian employees,

former employees, and applicants for employment and prohibited discrimination,

discriminatory harassment (including sexual harassment), and other forms of harassment

(bullying and hazing) against military members described in this publication. (T-0)

1.4.3. Require DAF leaders, commanders, managers, supervisors, including civilian

equivalents at all levels implement this publication at their respective levels, including:

1.4.3.1. Ensure that their Airmen and Guardians (military and civilian) are made aware of

DAF EO policies and programs and can report violations without fear of retaliation or

reprisal. (T-0)

DAFI36-2710 23 MAY 2024 13

1.4.3.2. Develop and implement a program of positive action in all administrative and

management matters, including recruitment, employment, retention, and promotion

designed to promote EO and to identify and eliminate discriminatory practices and policies.

(T-0)

1.4.4. Provide sufficient resources to ensure effective and efficient operation of all DAF EO

programs and activities. (T-0)

1.4.5. Maintain a vigilant separation of the DAF EO investigative and defensive functions of

the organization as an essential component of fairness and impartiality. (T-0)

1.4.6. Ensure timely, fair, and impartial processing and resolution of all DAF EO complaints

alleging unlawful discrimination and discriminatory harassment (including sexual harassment)

against DAF civilian employees, former employees, and applicants for employment and

prohibited discrimination, discriminatory harassment (including sexual harassment), and other

forms of harassment against military members described in this publication. (T-0) This may

include taking appropriate preventative, corrective, and/or disciplinary action permissible by

law and policy, as warranted, for substantiated MEO allegations and EEO complaints that have

been adjudicated to be meritorious (by final agency decision issued either by the EEOC or

DAF). (T-0)

1.4.7. Ensure that any Airman or Guardian (military and civilian) who violates DAF EO policy

may be subject to corrective, administrative, and/or disciplinary action as permissible by law

and policy. (T-0)

1.4.8. Provide reasonable accommodation to qualified individuals with disabilities who are

employees or applicants for employment in accordance with federal law, unless to do so would

impose undue hardship upon the DAF. (T-0)

1.5. The Department of the Air Force Equal Opportunity Commitment of Service. When

engaging with the DAF EO Program, Airmen and Guardians (military and civilians) will be:

1.5.1. Treated with dignity and respect in an environment free from unlawful discrimination

and discriminatory harassment (including sexual harassment) against DAF civilian employees,

former employees, and applicants for employment and prohibited discrimination,

discriminatory harassment (including sexual harassment), and other forms of harassment

(bullying and hazing) against military members described in this publication. (T-0)

1.5.2. Provided timely, fair, and impartial services by trained and competent EO directors and

EO practitioners who will maintain high personal and professional standards. (T-0)

1.5.3. Afforded the opportunity to provide a statement of events from their perspective without

opinion or judgment from EO directors and EO practitioners. (T-0)

1.5.4. Notified of any conflicts of interests that prevent EO directors and EO practitioners from

being able to provide competent and impartial services. (T-0)

1.5.5. Provided privacy, where permissible by law and/or policy, on information disclosed to

an EO practitioner with the understanding that EO does not have the privilege of

confidentiality. (T-0) Note: Confidentiality cannot be provided during the formal EEO

complaint process.

14 DAFI36-2710 23 MAY 2024

1.5.6. Informed of EO directors’ and EO practitioners’ obligation to report suspected criminal

activity to the commander(s) (and civilian equivalents) and appropriate law enforcement

agencies. (T-0)

1.5.7. Informed that EO directors and EO practitioners can facilitate referrals to available and

eligible resources or services with consent of that Airman or Guardian. (T-0)

1.5.8. Asked to describe the incident to as few representatives as practicable and not be

required to unnecessarily repeat a description of the incident. (T-0)

1.5.9. Protected from retaliation and/or reprisal. (T-0)

1.5.10. Permitted to be accompanied by a companion of choice (e.g., friend, coworker, etc.)

or other representative who may support and assist a potential complainant. (T-0) For military

sexual harassment complainants, this can include being accompanied by sexual assault

response coordinators and sexual assault prevention and response victim advocates. (T-1)

1.6. DAF Unlawful Discrimination and Harassment Hotline. Per DoDI 1350.02, DoD

Military Equal Opportunity Program, and DoDI 1020.03, Harassment Prevention and Response

in the Armed Forces, Military Departments are required to establish a 24-hour toll-free or local

hotline (advice line) to provide information on MEO and harassment policies and procedures.

(T-0)

1.6.1. The DAF Unlawful Discrimination and Harassment Hotline (1-888-231-4058) will

function as a referral line to facilitate potential EO concerns and/or complaints from Airmen

and Guardians (military and civilian) to the appropriate installation for resolution and provide

information on DAF EO policies and procedures, how to file complaints, and on what

constitutes EEO complaints of unlawful discrimination and discriminatory harassment

(including sexual harassment) and MEO complaints of prohibited discrimination,

discriminatory harassment (including sexual harassment), and other forms of harassment

(bullying and hazing). (T-0)

1.6.2. Airmen and Guardians (military and civilian) may contact this hotline to request

information and assistance on matters that fall within the DAF EO Program purview. (T-1)

1.6.3. The DAF Unlawful Discrimination and Harassment Hotline does not provide crisis

intervention or victim advocacy services. (T-1) With the DAF EO Program as a stakeholder in

fostering the DAF’s Connect to Care Approach to help ensure Airmen and Guardians are

provided and/or connected to comprehensive and appropriate support services, the hotline will

connect callers with an appropriate helping agency on matters outside the scope of the DAF

EO Program with the consent of the caller. (T-0)

1.6.4. The DAF Unlawful Discrimination and Harassment Hotline does not replace local

installation or host EO office contact information or functions. If a caller provides intent to file

an EEO or MEO complaint as described in this publication or requests eligible EO-related

support, the hotline will refer the caller to the servicing installation EO office for complaint

processing. (T-1)

DAFI36-2710 23 MAY 2024 15

1.7. Discrimination in Programs Conducted or Assisted by the Department of the Air

Force. In accordance with federal law and DoD Directive (DoDD) 5500.11, Nondiscrimination

in Federally Assisted Programs, and DoDD 1020.1, Nondiscrimination on the Basis of Handicap

in Programs and Activities Assisted or Conducted by the Department of Defense, programs

conducted or assisted by the DAF will not directly or through contractual, licensing, or other

arrangements (e.g., loans, discounts, grants) discriminate on the bases prohibited by this

publication. (T-0) Assurance of compliance will be provided in consideration of and for obtaining

any federal grants, loans, contracts, property, discounts, or other federal assistance. (T-0)

16 DAFI36-2710 23 MAY 2024

Chapter 2

ROLES AND RESPONSIBILITIES

2.1. The Assistant Secretary of the Air Force, Manpower and Reserve Affairs

(SAF/MR). As designated by the Secretary of the Air Force, serves as the DAF Equal

Employment Opportunity (EEO) Director pursuant to 29 CFR § 1614.102(b)(4) and is authorized

to act for the Secretary of the Air Force to oversee policy and compliance matters that promote

nondiscrimination and equal opportunity (EO) described in Headquarters Mission Directive

(HAFMD) 1-24, Assistant Secretary of the Air Force (Manpower and Reserve Affairs). This

includes ensuring civilian equal employment opportunity (EEO) complaints of unlawful

discrimination and discriminatory harassment (including sexual harassment) and military equal

opportunity (MEO) complaints of prohibited discrimination, discriminatory harassment (including

sexual harassment), and other forms of harassment (bullying and hazing) are processed and

resolved. SAF/MR provides strategic, long-range, personnel and manpower oversight for policies

and programs that affect the wellbeing of Airmen and Guardians (military and civilian).

2.1.1. Director, Department of the Air Force Equal Opportunity Program (SAF/MRQ). Under

the authority and direction of SAF/MR, oversees and implements all aspects of the DAF EO

Program described in this publication. This includes strategic level and policy oversight for

EEO complaint program and MEO program and activities that ensure Airmen and Guardians

(military and civilian) have access to timely, fair, and impartial EO services and are equipped

with knowledge about and have access to available EO resources. SAF/MRQ will:

2.1.1.1. Manage programming and implementation of the DAF EO Program budget.

2.1.1.2. Ensure and require, through oversight, effective quality control reviews for all

data collected and tracked in the [Department of the] Air Force Equal Opportunity Network

(AF EONet) to ensure data is accurate, complete, thorough, up-to-date, timely, and

appropriately formatted to support DAF reporting requirements, data calls, and requests

for information. This includes, but is not limited to, EEO and MEO complaint and

alternative dispute resolution (ADR) data.

2.1.1.3. Communicate and coordinate with DoD, DAF, and other federal civilian agencies

on behalf of the DAF EO Program and serves as the point of contact for private sector EEO

complaints regarding programs and activities conducted or assisted by the DAF.

2.1.1.4. Ensure, through oversight, all Air Force major commands (MAJCOM) and Space

Force field commands (FLDCOM) and installations comply with EEO and MEO laws,

regulations, executive orders, directives, policies, and meet all training and reporting

requirements.

2.1.1.5. Develop and disseminate DAF policies on EEO and MEO complaint programs

and EO-related education training in accordance with DAFI 90-160, Publications and

Forms Management and Department of the Air Force Manual (DAFMAN) 90-161,

Publishing Processes and Procedures.

2.1.1.6. Coordinate with Office of the Air Force General Counsel, Contractor

Responsibility and Conflict Resolution Division (SAF/GCR) in development of

Negotiation and Dispute Resolution Program (NDR) policy, guidance, training, and

funding pursuant to DAFI 51-1201, Negotiation and Dispute Resolution Program.

DAFI36-2710 23 MAY 2024 17

2.1.1.7. Oversee and manage the EEO and MEO complaint programs across the DAF by

providing guidance on all program aspects and related issues that affect the readiness of all

DAF personnel and taking corrective action or initiating program improvements as needed.

2.1.1.8. Provide policy guidance, clarification, and direction for Air Force Personnel

Center Equal Opportunity Operations (AFPC EO Operations), MAJCOM/FLDCOM EO

functional managers, installation EO directors, installation commanders, forward operating

agencies, direct reporting units, and geographically separated units (GSUs).

2.1.1.9. Advise DAF senior leaders and other higher headquarters officials who have

program responsibility for, or an interest in, matters affecting the employment and

advancement of all Airmen and Guardians (military and civilian) within the DAF EO

Program purview.

2.1.1.10. Represent the DAF at DoD, federal agency, academia, and industry meetings,

conferences, trainings, working groups, and other internal and external venues to promote

and advance DAF EO Program equities.

2.1.1.11. Support installation EO offices and installation-level EO program activities,

including the NDR Program, ensuring all DAF personnel are aware of, and have access to,

DAF EO Program services and resources.

2.1.1.12. Provide oversight on DAF EO training and education training programs to

include reviewing for statutory and policy compliance. Submit all EO training and

education to Defense Equal Opportunity Management Institute (DEOMI) for review in

accordance with DoDI 1020.03, Harassment Prevention and Response in the Armed

Forces, and DoDI 1350.02, DoD Military Equal Opportunity Program, and to the

Department of the Air Force Learning Committee (DAFLC) for validation in accordance

with DAFMAN 36-2689, Training Program, before AFPC EO Operations implements and

disseminates to the EO functional community.

2.1.1.13. Coordinate with the Inspections Directorate (SAF/IGI) on the DAF EO Program

compliance standards in accordance with DAFI 90-302, The Inspection System of the

Department of the Air Force.

2.1.1.14. Through the DAF EO Career Field Manager (CFM), serve as the day-to-day

advisor and advocate for the DAF EO career field, addressing issues and coordinating

specialty concerns across various programs and staffs. The DAF EO CFM manages and

implements the DAF EO Career Field Program in accordance with DAFI 36-2670, Total

Force Development, and AFMAN 36-2100, Military Utilization and Classification. Note:

The Air National Guard (ANG) EO MAJCOM functional manager or designee serves as

the ANG EO CFM.

2.1.1.15. Maintain the official DAF EO public website and ensure relevant and up-to-date

resources, reports, and other required information is published to the website to align with

laws, regulations, executive orders, directives, and DoD and DAF policies.

2.1.1.16. Serves as the DAF representative and liaison to the DEOMI on matters related

to EEO and MEO.

2.1.1.17. In coordination with the DAF EO CFM, review and update the Air Force

Handbook 1 as it pertains to EO objectives.

18 DAFI36-2710 23 MAY 2024

2.1.2. Director, Air Force Review Boards Agency (SAF/MRB). As designated by the

Secretary of the Air Force, renders final agency decisions and final orders on individual EEO

complaints of unlawful discrimination and harassment pursuant to 29 CFR § 1614.110, and

serves as the final appeal authority for formal MEO complaints. SAF/MRB will decide whether

to appeal decisions of the administrative judges of the Equal Employment Opportunity

Commission (EEOC) for civilian formal EEO complaints.

2.1.2.1. Air Force Civilian Appellate Review Office (AFCARO) (SAF/MRBA). As a

subordinate to Director, Air Force Review Board Agency, serves as the office of primary

responsibility (OPR) and official authority for all phases of the formal EEO complaint

process subsequent to issuance of a report of investigation. This includes analyzing formal

EEO complaints and preparing all final agency decisions and final orders for SAF/MRB

signature.

2.1.2.1.1. Coordinates with the Personnel and Information Law Division (AF/JACL)

and the Office of the Air Force General Counsel, Fiscal and Administrative Law

Division (SAF/GCA) on appeals and requests for reconsideration processed between

the DAF and the EEOC and acts as DAF liaison with the EEOC, and DoD’s

Investigations and Resolutions Directorate (IRD).

2.1.2.1.2. Performs quality control of IRD investigation reports to include redaction

and sanitation of the report of investigation and associated investigative files.

2.1.2.1.3. Notifies the Air Force Inspector General, Senior Official Inquiries

Directorate (SAF/IGS), consistent with DAFI 90-301, Inspector General Complaints

Resolution, when a senior official is named as a responsible management official in an

EEO formal complaint.

2.1.2.1.4. Has access to and updates the AF EONet for civilian EEO complaints that

includes providing final agency decisions. AFCARO will inform respective installation

EO offices through email of such updates.

2.1.2.1.5. Reports and ensures DAF compliance with final EEOC orders. Ensures

through oversight that agency representatives provide timely proposed briefs.

2.1.2.1.6. Posts notification of a final finding (all appeal remedies have been

exhausted) of discrimination (including retaliation) that has been made against DAF in

accordance with the Elijah E. Cummings Federal Employee Antidiscrimination Act of

2020, amending Notification and Federal Employee Antidiscrimination and Retaliation

(No FEAR) Act of 2002. The notice must be posted within 90 days of such findings,

be linked directly from DAF's public internet website for a period of one year, and state

that a finding of discrimination (including retaliation) has been made, including

identifying the date on which the finding was made, the date of each discriminatory

act, the law(s) violated, and to advise employees of the rights and protections available

under applicable civil rights laws. For each finding of discrimination, within 90 days

of a final decision or judgment of a discrimination finding, the DAF must submit to the

EEOC a report stating whether disciplinary action has been proposed against a Federal

employee as a result of the violation and the reasons for any disciplinary action.

DAFI36-2710 23 MAY 2024 19

2.2. Deputy Chief of Staff, Manpower, Personnel, and Services (AF/A1). Develops and

implements policies, guidance, and programs for military and civilian personnel, resilience,

violence prevention, Community Action Board (CAB) and Community Action Team (CAT), and

sexual assault prevention and response (SAPR) as described in HAFMD 1-32, Deputy Chief of

Staff of The Air Force Manpower, Personnel, and Services.

2.2.1. Promotes and implements nondiscrimination and EO policies for DAF programs and

activities within the AF/A1 purview conducted or assisted by the DAF or receiving federal

financial assistance as described in DoDD 5500.11, Nondiscrimination in Federally Assisted

Programs, and DoDD 1020.1, Nondiscrimination on the Basis of Handicap in Programs and

Activities Conducted by the Department of Defense. This includes schools operated by the DAF

in the United States.

2.2.2. Supports the EO career field (military and civilian) and is required to provide adequate

resources, to include training, to execute the DAF EO Program at all levels of the DAF in

accordance with federal laws, regulations, executive orders, directives, DoD, and DAF

policies.

2.2.3. Directorate of Civilian Force Management (AF/A1C). Under the authority and direction

of AF/A1, develops force management policies for DAF civilian personnel throughout the

talent management cycle to include implementing civilian standards of conduct that address

civilian harassment allegations not based on an EEO protected class (i.e., Anti-Harassment

Program) as described in DoDI 1020.04, Harassment Prevention and Responses for DoD

Civilian Employees, and DAFI 36-147, Civilian Conduct and Responsibility.

2.2.4. Integrated Resilience Directorate (AF/A1Z). Under the authority and direction of

AF/A1, oversees and implements the DAF’s Resilience Program, Violence Prevention

Program, CAB/CAT, and SAPR Program as described in DAFI 90-5001, Integrated

Resilience, and DAFI 90-6001, Sexual Assault Prevention and Response (SAPR) Program.

2.2.4.1. Through the Violence Prevention Program, serves as the OPR for the DAF’s

integrated primary prevention policies, programs, and activities and for implementing

prevention requirements in DoDI 6400.09, DoD Policy on Integrated Primary Prevention

of Self-Directed Harm and Prohibited Abuse or Harm, and DoDI 6400.11, DoD Integrated

Primary Prevention Policy for Prevention Workforce and Leaders, to include command

climate assessments (e.g., Defense Organizational Climate Survey [DEOCS]) and

integrated primary prevention plans.

2.2.4.2. Through the Violence Prevention Program, oversees and implements DAF’s

primary prevention of workplace violence (e.g., harassment, sexual harassment, hazing,

and bullying) policy, procedures, programs, and trainings.

2.2.4.3. Through the SAPR Program, serves as the OPR for restricted (confidential) and

unrestricted reporting options and victim advocacy to service member sexual harassment

victims as described in DAFI 90-6001. Note: Victim advocacy services via the SAPR

program do not replace the MEO complaint processes available to service members, as

described in this publication. Service members electing an unrestricted report for sexual

harassment with the SAPR program may also choose to file a separate MEO complaint

alleging sexual harassment through the EO office or can go directly to their commander to

report the allegation.

20 DAFI36-2710 23 MAY 2024

2.2.5. Directorate of Military Force Management Policy (AF/A1P). Under the authority and

direction of AF/A1, develop policies and procedures for annotating substantiated MEO and

EEO complaints in enlisted and officer performance reports and tracking systems as described

in DoDI 1020.03. This includes requiring such reports and tracking systems be reviewed for

substantiated MEO and EEO complaints prior to selection for promotion and other favorable

personnel actions.

2.3. Deputy Chief of Space Operations for Human Capital (SF/S1). Develops Space Force

personnel policies, guidance, programs, and legislative initiatives as well as provides coordination

on departmental publications to meet United States Space Force strategic objectives force

sustainment to include: family matters, resilience programs, quality of work/life initiatives,

commanders’ programs, military and civilian personnel.

2.4. The General Counsel of the Department of the Air Force (SAF/GC). Advises the

Secretary of the Air Force and Headquarters DAF in all matters covered by this publication. The

roles between SAF/GC and the Air Force Judge Advocate General (AF/JA) are delineated in

HAFMD1-14, General Counsel and The Judge Advocate General.

2.4.1. The Deputy General Counsel for Fiscal, Ethics and Administrative Law (SAF/GCA)

serves as the OPR for providing SAF/GC legal support on civilian EEO policy and program

matters.

2.4.2. The Deputy General Counsel for Contractor Responsibility and Conflict Resolution

(SAF/GCR) serves as the office or primary responsibility for the NDR Program policy and

program matters and executes the functions and authorities of the Dispute Resolution Specialist

for the DAF. Refer to DAFI 51-1201, Negotiation and Dispute Resolution Program, for

additional information and guidance.

2.5. The Judge Advocate General (AF/JA). Advises the Secretary of the Air Force and

Headquarters DAF on all matters covered by this publication and provides legal oversight through

the AF/JA functional chain. AF/JA serves as the primary legal advisor to the DAF on matters of

EO litigation.

2.5.1. Air Force Civil Law and Litigation Directorate (AF/JAC). Delivers legal services to

support and defend the DAF in judicial and administrative proceedings that arise out of or

affect DAF activities as well as directs civil law matters and administers the legal assistance

and preventive law programs.

2.5.1.1. Provides, through the Personnel and Information Law Division (AF/JACL), legal

advice and reviews on formal EEO complaints to installation commanders, installation

staff judge advocates (SJA), civilian personnel sections (CPS), human resource offices

(HRO), and installation EO offices. Note: Legal reviews are for internal use and

management official access only. Legal reviews are covered by attorney-client privilege

and are protected from disclosure under the Freedom of Information Act and are not to be

released without prior authorization from AF/JACL.

2.5.1.2. Designates an attorney from AF/JACL who will act as the DAF representative in

litigation of individual complaints filed under 29 CFR Part 1614, Federal Sector Equal

Employment Opportunity. (T-1) Note: To the extent feasible, the AF/JAC will designate

an attorney who has not previously advised the commander or other dismissal authority

with respect to acceptance or dismissal of the same complaint.

DAFI36-2710 23 MAY 2024 21

2.5.1.3. Conducts legal sufficiency reviews for all full dismissal letters prepared for

signature by the installation commander or their designee. (T-1) For acceptance or partial

acceptance of complaints, a legal sufficiency review from AF/JACL is optional. If the

EEOC orders an award for compensatory damages and/or attorney’s fees, AF/JACL will

review the complainant’s claim for compensatory damages and attorney’s fees and advise

the commander with administrative control over the claim on the amount to be paid. (T-1)

AF/JACL negotiates fee agreements with opposing parties. When there is a finding of

unlawful discrimination or harassment by an EEOC administrative judge, AF/JACL may

negotiate an alternative settlement agreement.

2.5.1.4. Prepares briefs, motions, and other appellate pleadings as appropriate, in support

of the DAF position on appeals or Request for Reconsideration for cases handled by

AF/JACL. (T-1) AF/JACL provides the above legal services at all locations across the

United States and overseas except at Robins Air Force Base, Hill Air Force Base, Tinker

Air Force Base, Wright-Patterson Air Force Base, ANG units, and AFRC bases with

Regular Air Force (RegAF) judge advocates. These organizations will provide all legal

services within their respective organizations except for the Air Force Materiel Command

(AFMC) units and AFRC bases with RegAF judge advocate general(s) assigned. The

representation in federal court and EEOC class actions are always the responsibility of

AF/JACL. References to AF/JACL in this publication also refer to these legal offices.

2.6. The Inspector General of the DAF (SAF/IG). provides policy guidance, develops

procedures, and establishes and evaluates the Air Force Inspector General (IG) Complaints

Resolution Program to include matters related to reprisal, restriction, and complaints against DAF

senior officials that include MEO allegations. SAF/IG provides oversight and guidance to the Air

Force Office of Special Investigations (AFOSI) in accordance with HAFMD 1-20, Office of the

Inspector General.

2.6.1. Complaints Resolution Directorate (SAF/IGQ). Establishes policies and procedures to

manage and execute the DAF IG Complaints Resolution Program for non-senior official

personnel as described in DAFI 90-301, Inspector General Complaints Resolution. This

includes establishing guidance on commander directed investigations (CDI) as described in

DAFMAN 1-101, Commander Directed Investigations.

2.6.2. Senior Official Inquiries Directorate (SAF/IGS). Establishes policies and procedures to

manage and execute the DAF Senior Official Complaints Program to include conducting

inquiries of complaints and allegations made against senior DAF officials in the grade of O-7

select and above, senior executive service (SES) or equivalent, and other identified categories

as described in DAFI 90-301.

2.6.3. Inspections Directorate (SAF/IGI). Establishes inspection policy, guidance, and

oversight for Air Force and Space Force IG and functional inspections, assessments, and

evaluations in accordance with DAFI 90-302, The Inspection System of the Department of the

Air Force. This includes ensuring by-law inspection requirements are accomplished on the

DAF EO Program.

22 DAFI36-2710 23 MAY 2024

2.7. Deputy Chief of Staff for Logistics, Engineering, and Force Protection

(AF/A4). Promotes and implements nondiscrimination and EO policies for DAF programs and

activities within the AF/A4 purview conducted or assisted by the DAF or receiving federal

financial assistance as described in DoDD 5500.11 and DoDD 1020.1. This includes but is not

limited to loans, contracts, transfers, leases, or other disposition activities impacting installed

equipment, facilities, structures, properties, museums, and historic buildings maintained by DAF.

2.7.1. Through the Directorate of Security Forces (AF/A4S), is responsible for establishing

policies and procedures for independent investigations of formal complaints of sexual

harassment pursuant to procedures in 10 United States Code (USC) § 1561.

2.8. Director, Office of Diversity and Inclusion (SAF/DI). Oversees DAF policies on diversity,

equity, inclusion, and accessibility (DEIA) to accomplish the DAF’s DEIA priorities, strategic

imperatives, implementation plan, and to cultivate a culture of inclusion.

2.8.1. Serves as the senior advisor for DEIA matters to the Secretary of the Air Force and has

the responsibility for strategic integration of DEIA efforts for the DAF.

2.8.2. Manages and establishes policy and programs to include, but not limited to, managing

diversity and inclusion councils, strategic outreach, education, and training, integrating DEIA

data and conducting analysis to drive organizational direction, and overseeing DAF’s

adherence to guidance and mandates by the President, Congress, DoD and DAF senior leaders.

2.8.3. With oversight and coordination from the DAF EEO Director (SAF/MR) as authorized

by the Secretary of the Air Force, oversees and implements policies, procedures, and activities

for the DAF’s Affirmative Employment Program (AEP), Special Emphasis Programs (SEP),

and Disability Program (DP), to include reasonable accommodation and Personal Assistance

Services, in accordance with federal laws, regulations, and DoD and DAF policies.

2.8.4. Promotes and implements nondiscrimination and EO policies for DAF programs and

activities within the SAF/DI purview conducted or assisted by the DAF or receiving federal

financial assistance as described in DoDD 5500.11 and DoDD 1020.1.

2.8.5. Department of the Air Force (DAF) Disability Program Manager. The DAF Disability

Program Manager (DPM) provides input on DAF EEO activities and policies related to

individuals with disabilities, reasonable accommodation, and Personal Assistance Services.

Additionally, the DAF DPM:

2.8.5.1. Develops specific goals, objectives, and strategies for implementation of the DAF

Special Program Plan for the Recruitment, Hiring, Advancement and retention of

Individuals with Disabilities.

2.8.5.2. Communicates to DAF leadership the needs of individuals with disabilities, as

well as information relevant to ensuring DAF compliance with affirmative employment

initiatives and federal law, to include barrier and trend analysis and recommendations for

eliminating unlawful employment practices and procedures. Co-Chairs the Department of

Air Force Barrier Analysis Working Group (DAFBAWG) Disability Action Team (DAT).

2.8.5.3. Engineers outreach and recruiting plans, initiatives, and events for individuals

with disabilities, ensuring parties involved understand their obligations and etiquette as

they pertain to individuals with disabilities.

DAFI36-2710 23 MAY 2024 23

2.8.5.4. Collaborates with CPS to implement DAF Schedule A hiring procedures and

promote the Workforce Recruitment Program for College Students with Disabilities.

2.8.5.5. Trains DPM to understand their full range of responsibilities regarding individuals

with disabilities, to include reasonable accommodation and Personal Assistance Services.

2.8.5.6. Works with DAF Civil Engineering to establish plans and recommend priorities

for removal of architectural barriers and/or implement facilities modifications for

accessibility of individuals with disabilities.

2.8.6. DAF Affirmative Employment Program Manager. The DAF Affirmative Employment

Program Manager (AEPM) develops the DAF wide AEP and establishes SEP for the DAF

based upon analysis and evaluation of the DAF’s EEO posture to ensure implementation of the

EEOC’s Management Directive 715 (MD 715). Additionally, the DAF AEPM:

2.8.6.1. Develops, coordinates, reviews, and updates all AEP and SEP objectives,

materials, training aides and activities.

2.8.6.2. Develops strategies, policies and procedures that facilitate the attainment of

affirmative employment goals, including, but not limited to: SEPs, commemorative and

special observances, diversity and inclusion initiatives, recommendations regarding

targeted recruitment and hiring, and implementation of the EEOC MD 715.

2.8.6.3. Provides DAF wide leadership in affirmative employment planning and

implementation of SEP.

2.8.6.4. Develops recommendations and collaborates with CPS to enhance personnel

processes affecting the recruitment, selection, utilization, training, and advancement

opportunities of all protected classes.

2.8.6.5. Advises other DAF officials who have program responsibility for, or an interest

in, matters affecting the employment and advancement of all protected classes.

Communicates information relevant to ensuring DAF compliance with affirmative

employment initiatives and federal law, to include barrier and trend analysis and

recommendations for eliminating unlawful employment practices and procedures.

2.8.6.6. Provides guidance to MAJCOMs and installations on AEP and SEP activities

designed to identify and eliminate any policy, practice or procedure that may result in

disadvantage in employment or denial of EO in the workplace.

2.8.6.7. Provides policy oversight over AEPs and SEP, evaluates their effectiveness, and

takes corrective action or initiates program improvements as needed.

2.8.6.8. Develops formal training programs and ensures appropriate initial training is

provided for AEPMs and Special Emphasis Program Managers (SEPM).

2.8.6.9. Administers the DAF’s Barrier Analysis Working Group as defined by this

instruction and ensures appropriate initial training is provided for installation Barrier

Analysis Working Groups.

24 DAFI36-2710 23 MAY 2024

2.9. Director of Public Affairs (SAF/PA). Provides direction, guidance, and oversight for public

affairs operations across the DAF in accordance with HAFMD 1-28, Director of Public Affairs.

SAF/PA is responsible for enhancing the resiliency, morale, and readiness of DAF personnel by

communicating the DAF’s key themes and messages. This includes providing guidance on public

affairs matters affecting the DAF EO Program as well as promoting EO and nondiscrimination

policies and programs consistent with this publication.

2.10. Chief, Air Force Reserve (AF/RE). Implements and integrated personnel, operations, and

maintenance policies and programs for the Air Force Reserve (AFR) and provides oversight in

support of DAF policies as described in HAFMD 1-42, Chief of Air Force Reserve. This includes

promoting and implementing nondiscrimination and EO policies and programs in accordance with

this publication. AF/RE is the designated OPR for specific programs for Air Force Reserve

Command (AFRC) and provides oversight in support of DAF policies.

2.11. Headquarters, Air Force Reserve Command (AFRC). Develops and monitors EO

policies and programs in accordance with this publication as they apply to the AFR Component.

Approves training allocations and oversees the scheduling of AFRC members for the Equal

Opportunity Advisor Reserve Component Course at the DEOMI. Note: AF/RE is the designated

OPR for specific programs for AFRC and provides oversight in support of DAF policies.

2.12. Chief, National Guard Bureau (CNGB). Promulgates nondiscrimination and EO and

programs through the Office of Diversity, Equity, and Inclusion (NGB-DEI) for all National Guard

members to include developing and promulgating joint military and civilian EO policies,

programs, regulations, and instructions for processing and adjudicating unlawful discrimination

and sexual harassment complaints brought by ANG members in a Title 32 status and Title 5

employees under appointment authority of NGB/CF at the NGB, ANG Readiness Center, and their

field operating locations and under the authority of the Adjutant Generals of the various National

Guards or the Commanding General of the District of Columbia National Guard.

2.13. Air National Guard Readiness Center Equal Opportunity Directorate

(ANGRC/EO). Functions as the installation EO director for the ANG Readiness Center

(ANGRC) and reports to the installation commander. This includes implementing self-inspections

and program assessments; conducting ADR, out and abouts, and training; and processing unlawful

and prohibited discrimination complaints for Air Force Title 5 and ANG Title 10 members

assigned to the ANGRC, NGB, or any GSU aligned with the ANGRC. All Air Force Title 5

complaints will be forwarded to the AFCARO for final agency decision determinations.

2.13.1. ANG EO MAJCOM functional manager (NGB-DEI-MPB). Manages the ANG MEO

program across all ANG wings to include developing and disseminating ANG MEO program

plans, policies and training consistent with DAF and NGB policies. Note: NGB-DEI

Complaints Management and Adjudication Branch manages Title 32 complaint processing for

the ANG.

2.13.2. Performs applicable duties of the MAJCOM/FLDCOM EO functional manager for

ANG.

2.13.3. Serves as the ANG EO career field manager for ANG EO practitioners and manages

all ANG EO practitioner deployments.

DAFI36-2710 23 MAY 2024 25

2.13.4. Prioritize attendance of ANG EO practitioners at the Equal Opportunity Advisor

Reserve Component Course at DEOMI and selects and funds ANG adjunct faculty for

DEOMI.

2.14. Air Force Personnel Center Commander (AFPC/CC). Responsible for executing

personnel policy by developing, coordinating, and implementing standards, systems, programs and

procedures for military and civilian personnel operations in accordance with AFMD 37, Air Force

Personnel Center (AFPC). Promotes and implements nondiscrimination and EO policies for

programs and activities consistent with this publication.

2.14.1. Air Force Personnel Center Directorate of Personnel Programs (AFPC/DP3). Under

the authority and direction of the AFPC Commander, responsible for interpreting and

implementing policies, executing authorities, and developing, coordinating, and implementing

guidance, standards, processes, systems, programs, training, procedures, and actions for the

DAF personnel programs portfolio. This includes providing overall operational guidance and

execution of the DAF EO policies, programs, training, and procedures to meet laws,

regulations, executive orders, directives, and DoD and DAF policies for the EEO and MEO

programs. Additionally, AFPC/DP3 will:

2.14.1.1. Provide operational guidance and oversight, assistance, and training to

MAJCOM/FLDCOM management officials and CPSs regarding provisions of this

publication. This includes providing operational guidance, training, and assistance to CPS

as it pertains to civilian conduct-based actions.

2.14.1.2. Ensure effective quality control reviews are conducted for all data collected and

tracked in the AF EONet to ensure data is accurate, complete, thorough, up-to-date, timely,

and appropriately formatted to support DAF reporting requirements, data calls, and

requests for information. This includes, but is not limited to, EEO and MEO complaint and

ADR data.

2.14.2. Air Force Personnel Center Equal Opportunity Operations (AFPC EO Operations).

Under the direction and oversight of AFPC/DP3, responsible for providing day-to-day

operational management, functional expertise, operational guidance and procedures, and

technical assistance to MAJCOM/FLDCOM EO functional managers and installation EO

directors on all matters within the DAF EO Program purview in this publication. AFPC EO

Operations will:

2.14.2.1. Serve as a liaison between SAF/MRQ, MAJCOM/FLDCOM EO functional

managers, and installation EO directors on matters related to or affecting the DAF EO

Program. This includes providing timely responses to and coordination with EO functional

community inquiries submitted to AFPC EO Operations.

2.14.2.1.1. Participate in monthly teleconferences with SAF/MRQ and

MAJCOM/FLDCOM EO functional managers. This includes providing agenda inputs

to SAF/MRQ no later than 48 hours prior to the teleconference and providing AFPC

EO Operations meeting minutes notes to SAF/MRQ no later than seven duty days after

the teleconferences.

2.14.2.1.2. Ensure SAF/MRQ is included on all AFPC EO Operations

communications to MAJCOM/FLDCOM EO functional managers where AFPC EO

26 DAFI36-2710 23 MAY 2024

Operations is providing operational guidance or disseminating information to the EO

functional community stemming from statutory and policy updates.

2.14.2.2. Ensure MEO and EEO complaints are coordinated and processed in a timely

manner by an appropriate installation EO office when a complaint involves a

MAJCOM/FLDCOM EO functional manager, multiple installations, external agencies, or

when other extenuating circumstances occur.

2.14.2.3. Refer dissatisfaction and conflict of interest complaints raised by complainants

through outside agencies or higher headquarters to an appropriate MAJCOM/FLDCOM

EO functional manager for processing at the installation level.

2.14.2.4. Monitor all DAF EO Program activities for compliance, to include identifying

and resolving installation and MAJCOM/FLDCOM level operational needs.

2.14.2.5. Review operational procedures suggestions, inspection/audit reports (e.g.,

Department of Defense Inspector General, DAF IG, Government Accountability Office

[GAO], etc.), and other relevant assessment and evaluation (e.g., DoD On-Site Installation

Evaluation (OSIE) Reports, Comprehensive Integrated Primary Prevention (CIPP) Plans,

etc.) resources to identify trends, issues, and courses of action that affect the DAF EO

Program.

2.14.2.6. Oversee the implementation and management of the AF EONet, which is the

DAF system of record for centralized, case-level collection, maintenance, and reporting of

DAF EEO and MEO complaints, institutional discrimination, general assistance, and other

data as described in this publication.

2.14.2.6.1. Grant system access to MAJCOM/FLDCOM EO functional managers,

installation EO directors, EO practitioners, and any personnel assigned to support an

installation EO office with the need for system access as part of an official duty for the

EO office who have successfully completed training requirements as described in

Chapters 7 and 8.

2.14.2.6.2. Provide technical assistance and operational guidance to the EO functional

community in accessing, inputting, tracking, and reporting information into the AF

EONet. This includes developing, implementing, and disseminating resources such as

procedures, processes, and training materials to equip the EO functional community

with the knowledge and skills to effectively utilize the AF EONet.

2.14.2.6.3. Track and resolve system-wide issues and errors reported by the EO

functional community affecting the AF EONet. Ensure issues and errors are provided

to appropriate technical support team for remedy.

2.14.2.6.4. Ensure the AF EONet, in coordination with SAF/MRQ, collects MEO and

EEO data elements to meet applicable statutory and DoD data reporting requirements.

2.14.2.6.5. Ensure the AF EONet complies with all statutory and DoD requirements

regarding collection and maintenance of information protected by the Privacy Act of

1974 as described in DoDD 5400.11, DoD Privacy Program, and AFI 33-332, Air

Force Privacy and Civil Liberties Program.

DAFI36-2710 23 MAY 2024 27

2.14.2.6.6. Provides input on resourcing needs for the AF EONet to the Directorate of

Plans and Integration (AF/A1X) and SAF/MRQ through the AFPC commander, as

appropriate.

2.14.2.6.7. Ensure MEO and EEO complaint, NDR Program, and other relevant DAF

EO activities (e.g., general assistance, contacts, referrals) data is able to be updated in

the AF EONet to support higher headquarters reviews and inquiries.

2.14.2.7. Provide technical assistance and operational guidance to the EO functional

community in executing this publication and relevant statutory and DoD and DAF policies

and initiatives affecting the DAF EO Program. This includes developing, implementing,

and disseminating resources such as procedures, processes, templates, and training

materials to equip the EO functional community with the knowledge and skills to

effectively implement the DAF EO Program.

2.14.2.8. Develop and implement EO training and education within the DAF EO Program

purview as required by laws, regulations, executive orders, GAO, and DoD and DAF

policies and initiatives (e.g., DoD Independent Review Commission on Sexual Assault in

the Military, DAF Racial Disparity Reviews). This includes, but is not limited to,

developing, and implementing learning objectives, curricula, training plans, lesson plans,

training assessments, and other relevant training materials and resources to effectively

execute EO training and education and training requirements across the DAF. AFPC EO

Operations will ensure legal sufficiency reviews are conducted on all training and

education products.

2.14.2.8.1. Develop and implement EO training and education that comply with

training requirements to include learning objectives in accordance with DoDD 1440.1,

DoDI 1020.03, DoDI 1020.04, and DoDI 1350.02.

2.14.2.8.2. Submit to SAF/MRQ all EO training and education for statutory and policy

compliance reviews before implementation.

2.14.2.8.3. Through SAF/MRQ, submit EO training and education to DEOMI for

review in accordance with DoDI 1020.03 and DoDI 1350.02 and to the DAFLC for

validation in accordance with DAFMAN 36-2689 before implementation. AFPC EO

Operations will provide all required training and education materials and support

SAF/MRQ during the DEOMI review and the DAFLC validation processes.

2.14.2.8.4. Conduct annual reviews on all EO training and education to validate

currency with law and policy and as required, update learning objectives, curricula,

training plans, lesson plans, evaluation plans, training assessments, and other relevant

training materials and resources to effectively execute EO training and education across

the DAF. Training validation for currency will be submitted to SAF/MRQ annually.

Through SAF/MRQ, submit EO training and education updates to DEOMI for review

and to the DAFLC for validation before implementation when required.

2.14.2.8.5. Develop and implement Newcomer Orientation, First Duty Station

training, sexual harassment awareness education, key personnel briefings, and all other

statutory, GAO, DoD and DAF policy, and DoD and DAF senior leader directed

training within the DAF EO Program purview and as directed. This includes

coordinating with relevant functional communities to determine if required training

28 DAFI36-2710 23 MAY 2024

content (e.g., learning objectives) that overlap with DAF EO and other DAF programs

can be combined and executed across other existing DAF trainings led by other

functional communities, or if AFPC EO Operations will be required to incorporate into

existing EO training or develop new EO training(s). Refer to Chapter 6 for training

requirements to be implemented.

2.14.2.8.6. Serve as DAF EO course content manager and point of contact for the No

FEAR Act training and provide support to Learning Division of the Directorate of

Force Development (AF/A1DL), AETC Learning Services, or other identified DAF

office in developing and reviewing training content curricula. This includes

implementing the training and tracking the number of individuals trained on biennial

basis. The Air Force myLearning is the primary source for No FEAR Act training at

this time, however, AFPC EO Operations will develop and implement No FEAR Act

training to be used by installation EO directors for DAF civilian employees without

access to myLearning. This includes, but is not limited to, developing, and

implementing learning objectives, curricula, training plans, lesson plans, training

assessments, instructor/facilitator guides, participant guides, and other relevant training

materials and resources to effectively execute this training.

2.14.2.8.7. In coordination with the SAF/MRQ and AETC, review all EO related

learning objectives, curricula, training plans, and other relevant training materials and

resources for officer and enlisted professional military education and basic military

training courses.

2.14.2.9. Respond to data calls, request for information, and other-directed tasks to support

statutory and policy reporting requirements, congressional inquiries, audits and review

(e.g., GAO, DoD Inspector General, DAF IG, Air Force Audit Agency), and DoD and DAF

senior leader inquiries within the DAF EO Program purview. This includes assisting in

formulating official DAF responses and ensuring official DAF data is accurate and

consistently reported to DoD, Congress, and other relevant agencies.

2.14.2.10. Coordinate with SAF/MRQ to assign EO-related congressional and other high-

level inquiries to appropriate MAJCOM/FLDCOM EO functional managers for processing

in AFI 90-401, Relations with Congress.

2.14.2.11. Complete and submit annual and quarterly statistical reports to support DAF

reporting requirements including, but not limited to:

2.14.2.11.1. Prepare the annual EEOC Form 462, Annual Federal Equal Employment

Opportunity Statistical Report of Discrimination Complaints, in collaboration with

SAF/MRBA, SAF/GCR, and AF/JACL for SAF/MR approval and for timely

submission to the EEOC. AFPC EO Operations is responsible for engaging and

coordinating in a timely manner with SAF/MRBA, SAF/GCR, and AF/JACL. Refer to

Chapter 8 for additional guidance.

2.14.2.11.2. Compile and validate DAF Form 3018, Equal Opportunity/Training and

Education Summary to ensure all data is accurate, complete, thorough, up-to-date,

consistent, and appropriately formatted to support DAF reporting requirements, data

calls, and requests for information.

DAFI36-2710 23 MAY 2024 29

2.14.2.11.3. Prepare quarterly and annual Notification and Federal Employee

Antidiscrimination and Retaliation Act (No FEAR Act) Reports and submit to

SAF/MRQ for review and to post to the DAF EO public website.

2.14.2.12. Maintain, manage, and operate the DAF Unlawful Discrimination and

Harassment Hotline which will function as a referral line to facilitate potential EO concerns

and/or complaints from Airmen and Guardians (military and civilian) to the appropriate

installation for resolution and provide information on DAF EO policies and procedures,

how to file complaints, and on what constitutes civilian EEO complaints of unlawful

discrimination and discriminatory harassment (including sexual harassment) and MEO

complaints of prohibited discrimination, discriminatory harassment (including sexual

harassment), and other forms of harassment (bullying and hazing). Note: While the hotline

does not provide crisis intervention or victim advocacy services, the hotline will

connect/refer callers with the appropriate helping agency.

2.14.2.12.1. Ensure the hotline is accessible to Airmen and Guardians to include

responses back to missed calls with a voicemail requesting a call back no later than 48

hours, to the extent practicable. Note: Any calls/voicemails about an anonymous

complaint will not receive a call back.

2.14.2.12.2. Process and/or refer call inquiries or request for assistance by verifying

whether the matter or concern of the caller is within the DAF EO Program. AFPC EO

Operations will provide timely responses to callers on general EO-related inquiries

and/or provide connect/refer callers with the appropriate helping agency. If a caller

provides intent to file an EEO or MEO complaint as described in this publication or

requests eligible EO-related support, AFPC EO Operations will refer the hotline call to

the servicing installation EO office for processing via the respective

MAJCOM/FLDCOM EO functional manager within 24 hours of receiving the call, to

the extent practicable. Refer to Chapter 4 for additional guidance.

2.14.2.12.3. Ensure military members who call the hotline about sexual harassment are

informed about their eligibility to receive victim advocacy services by the SAPR office

for sexual harassment and that the installation EO office can facilitate an in-person,

virtual, or telephonic referral to the sexual assault response coordinator (SARC) or

sexual assault prevention and response victim advocate (SAPR VA) prior to the

military member disclosing a sexual harassment allegation to the EO office to preserve

their restricted reporting option.

2.14.2.12.4. Provide SAF/MRQ quarterly updates, and as directed, on number of calls,

types of calls (e.g., civilian, military, others, etc.), issues/concerns reported (e.g.,

complaint inquiries, anonymous complaints, request for installation EO contact

information, non-EO request of contact information, referrals, dissatisfaction with EO

office), trends, and any issues/barriers with operating the hotline.

2.14.2.13. Schedule all DEOMI initial skills training for eligible DAF (military and

civilian) EO personnel. Note: The DAF EO Program meets this statutory requirement

through DEOMI initial skills trainings. However, SAF/MRQ maintains discretion on how

and where this training requirement is met to include utilizing SAF/MRQ approved

alternate courses through AETC that AFPC EO Operations will support. NGB-DEI-MPB

approves training allocations and oversees the scheduling of ANG members for DEOMI.

30 DAFI36-2710 23 MAY 2024

The AFR or designee approves training allocations and oversees the scheduling of AFRC

members for DEOMI.

2.14.2.14. Support the biennial EO worldwide functional training workshops in

coordination with the DAF EO CFM and attends EO-related conferences, as requested.

2.14.2.15. Maintain the AFPC EO Operations SharePoint site as the central repository for

relevant and up-to-date resources needed to implement the DAF EO Program such as laws

and regulations, DoD and DAF policies, operational guidance, operating standards,

procedures, processes, templates, forms, training materials, contact rosters, and other

relevant external governmental resources (e.g., EEOC, DEOMI). AFPC EO Operations

will comply with DoDI 5200.48, Controlled Unclassified Information, DAFI 16-1403,

Controlled Unclassified Information, AFI 33-332, Air Force Privacy and Civil Liberties

Program, AFI 33-322, Records Management and Information Governance Program, and

AFI 17-130, Cybersecurity Program Management, when uploading and storing

information on the AFPC EO Operations SharePoint.

2.14.2.16. Ensure current information (e.g., DAF installation EO office contact

information) is provided to SAF/MRQ for the official DAF EO public website and shared

on the AFPC EO Operations SharePoint.

2.14.2.17. Develop and publish DAF EO effective data quality control review operational

procedures for all data collected and tracked in the AF EONet to be implemented by AFPC

EO Operations, MAJCOM/FLDCOM EO functional managers, and installation EO

directors to ensure data is accurate, complete, thorough, up-to-date, consistent, and

appropriately formatted to support DAF reporting requirements, data calls, and requests

for information. This includes, but is not limited to, EEO and MEO complaint and ADR

data.

2.14.2.17.1. Submit effective quality control review operational procedures to

SAF/MRQ for policy review prior to implementation.

2.14.2.17.2. Review and update effective quality control review operational

procedures annually to verify for currency.

2.14.2.17.3. Conduct effective data quality control reviews for EEO and MEO

complaint, equal opportunity treatment incidents (EOTI), and DAF 3018 data collected

and tracked in the AF EONet to ensure all data is accurate, complete, thorough, up-to-

date, consistent, timely, and appropriately formatted to support DAF reporting

requirements, data calls, and requests for information. Effective quality reviews will be

conducted at least quarterly and before any data is submitted to SAF/MRQ or higher

headquarters DAF.

2.14.2.18. Review installation, MAJCOM/FLDCOM, and DAF EO data trends and advise

respective or affected EO offices and MAJCOM/FLDCOM EO functional manager on

corrective and preventative courses of action for EO matters.

2.14.2.19. Provide data analysis on data collected and tracked in the AF EONet to identify,

interpret, monitor, and report findings and trends, and provide recommendations and

courses of action as directed.

DAFI36-2710 23 MAY 2024 31

2.14.2.20. Serve as the point of contact for EEO and MEO issues or questions directed to

the DAF EO Program through DAF EO public website and DAF Unlawful Discrimination

and Harassment Hotline.

2.14.2.21. Collaborate with the Directorate of Airman and Family Care (AFPC/DPFZ) on

initiatives that overlap with or have DAF EO Program equities as necessary.

2.14.2.22. Ensure any packages (e.g., appeals, institutional discrimination, etc.) to be

submitted to SAF/MRQ for review, approval, or coordination are first reviewed for

accuracy, completeness, thoroughness, up-to-datedness, timeliness, and appropriately

formatted. Packages that are not complete will be returned to AFPC EO Operations for

appropriate action. AFPC EO Operations will provide written acknowledgment of received

packages (e.g., appeals, institutional discrimination, etc.) to the respective

MAJCOM/FLDCOM EO functional manager within 48 hours of receipt of the package(s).

AFPC EO Operations will also provide in writing within 48 hours to the respective

MAJCOM/FLDCOM EO functional manager the date when the package was submitted to

and accepted by SAF/MRQ. If AFPC EO Operations responses are not provided within 48

hours, AFPC EO Operations will provide written explanations of the delay to the respective

MAJCOM/FLDCOM EO functional manager to then forward to the respective installation

EO director.

2.14.2.23. Ensure data pulled from the AF EONet to be used in reports, briefings,

informational papers, etc. for purposes other than day-to-day operational functions (e.g.,

promotion screenings, data calls for SAF/MRQ, etc.) is coordinated and approved by

SAF/MRQ prior to release to external to DAF agencies (e.g., Congress, DoD, other federal

agencies, etc.) and intra-agency DAF other than SAF/MR. AFPC EO Operations will

ensure adequate time is provided to SAF/MRQ to review data and pre-brief DAF senior

leaders as warranted.

2.14.2.24. Serve as the point of contact to support the DAF Officer Promotion Screening

process by reporting any open MEO and EEO complaints against officers and any adverse

information (e.g., substantiated MEO complaints) against officers as described in DAFI

90-301, Inspector General Complaints Resolution.

2.14.3. Air Force Personnel Center Systems Support (AFPC/DSY). Provides AFPC/DP3 and

SAF/MRQ data support for EO reporting requirements as described in this publication.

2.15. Headquarters Air Education and Training Command (AETC). Executes doctrine

development, lessons learned, officer accessions, and the military and civilian professional

education and training initiative, programs, and/or services as described in AETC Mission

Directive 103, Air University (AU).

2.15.1. Ensures MEO and harassment prevention and response training requirements are

incorporated at all levels of professional military development from the accession point to the

assumption of senior leader grade in accordance with DoDI 1350.02 and DoDI 1020.03. This

includes basic military training and officer and enlisted professional military education and

leadership development.

2.15.2. Coordinates with SAF/MRQ and AFPC EO Operations on all EO related curricula,

training plans, and other relevant training materials and resources to ensure statutory and policy

32 DAFI36-2710 23 MAY 2024

compliance and for submission to DEOMI for review before implementation in accordance

with DoDI 1350.02 and DoDI 1020.03.

2.15.3. Provides SAF/MRQ and AFPC EO Operations access to EO related curricula, training

plans, and relevant training materials to support data calls, reports, and audits from Congress,

GAO, DoD, and DAF senior leaders.

2.16. MAJCOM/FLDCOM Commander. Promotes and implements nondiscrimination and

EO policies for programs and activities consistent with laws, regulations, executive orders,

directives, and DoD and DAF policies. Ensures retaliation and/or reprisal will not be tolerated.

Ensures the MAJCOM/FLDCOM EO Program and respective installation programs (including the

ADR component of EEO and MEO complaint programs) are implemented and supported. This

includes ensuring the program operates in accordance with laws, regulations, EEOC guidelines,

executive orders, directives, and DoD and DAF policies.

2.16.1. Ensures Airmen and Guardians (military and civilian) under their purview are made

aware of the DAF EO Program and policies, informed that they can report violations or

allegations without fear of retaliation or reprisal, and have the right to file EEO complaints of

unlawful discrimination and discriminatory harassment (including sexual harassment) and

MEO complaints of prohibited discrimination, discriminatory harassment (including sexual

harassment), and other forms of harassment (bullying and hazing) described in this publication.

2.16.2. Ensure the DAF EO policy and complaint procedures are prominently posted in all

personnel and DAF EO offices and other high traffic locations throughout the

MAJCOM/FLDCOM to include prominently posting the contact information for the servicing

DAF EO Office.

2.16.3. Ensures substantiated MEO and EEO complaints are annotated in enlisted and officer

performance reports and tracking systems and requires such reports and tracking systems be

reviewed for substantiated MEO and EEO complaints prior to selection for favorable personnel

actions.

2.16.4. Ensure the MAJCOM/FLDCOM equal opportunity (EO) functional manager direct

reports to them to align with Elijah E. Cummings Federal Employee Antidiscrimination Act

of 2020, 29 CFR Part 1614, and the EEOC’s MD 110. This ensures the MAJCOM/FLDCOM

commander is informed of the effectiveness, efficiency, compliance, issues, and overall status

and trends of the MAJCOM/FLDCOM and relevant installation EO programs.

2.16.5. Ensure that adequate facilities, office support equipment, and financial resources are

provided to the MAJCOM/FLDCOM and respective installation EO offices to effectively

execute the EO Program in accordance with applicable laws, regulations, executive orders,

directives, and DoD and DAF policies. This includes ensuring that the MAJCOM/FLDCOM

EO functional manager will have a private office space available as needed for discussing

sensitive EO related matters to include handling and/or processing complaints.

DAFI36-2710 23 MAY 2024 33

2.17. MAJCOM/FLDCOM Equal Opportunity Functional Manager. Administers their

respective MAJCOM/FLDCOM EO Program and serves as subject matter expert (SME) and

advisor to MAJCOM senior leaders on DAF EO programming matters. NGB-DEI-MPB functions

as a MAJCOM/FLDCOM EO functional manager. The MAJCOM/FLDCOM EO functional

managers will:

2.17.1. Report to and have direct access to the MAJCOM/FLDCOM commander align with

Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020, 29 CFR Part 1614,

and the EEOC MD 110. This ensures being able to fully inform MAJCOM/FLDCOM

commander of the effectiveness, efficiency, compliance, issues, report findings, and overall

status and trends of the MAJCOM/FLDCOM EO Program and the respective installation

programs. This includes communicating with the MAJCOM/FLDCOM commander at

minimum semiannually on such EO matters to include the DAF Form 3018 trend data, other

pertinent EO information.

2.17.2. Complete initial skills training and annual refresher training as described in Chapter

7. Initial skills training will be successfully completed to gain access to the AF EONet.

2.17.3. Collaborate with AFPC EO Operations between wings/deltas, installations,

MAJCOMs/FLDCOMs, and higher headquarters to ensure compliance with laws, regulations,

EEOC guidelines, executive orders, directives, and DoD and DAF policies. The

MAJCOM/FLDCOM EO functional manager may supplement DAF EO guidance, programs,

and procedures for their respective MAJCOM in accordance with DAFI 90-160 and DAFMAN

90-161. Supplemental guidance will be coordinated through SAF/MRQ following the DAF

publication process.

2.17.4. Provide guidance and assistance to their respective installation EO offices in executing

this publication and relevant statutory and DoD and DAF policies and initiatives affecting the

DAF EO Program.

2.17.5. Coordinate applicable exceptions to policy with SAF/MRQ following the DAF

publication process per DAFI 90-160 and DAFMAN 90-161. The MAJCOM/FLDCOM EO

functional manager will ensure AFPC EO Operations is informed of such actions for optic and

tracking purposes.

2.17.6. Monitor, balance, and program for manpower and resources, in coordination with their

MAJCOM comptroller, for their respective installation EO offices to ensure budgets are

properly allocated and managed.

2.17.7. Track and manage installation EO personnel inbound and outbound. This includes

tracking and verifying that installation EO directors and EO practitioners are appropriately

trained and, where required, complete initial skills training within six months of appointment

to their position as described in Chapter 7.

2.17.8. Conduct the MEO complaint process when an installation EO director and/or EO

practitioner is named in a complaint, presenting a conflict of interest to process at the affected

installation. The MAJCOM/FLDCOM EO functional manager may designate another

installation EO practitioner within the MAJCOM/FLDCOM other than the affected installation

to assist in processing MEO and EEO complaints while ensuring consideration is taken on the

installation EO offices’ workload. The MAJCOM/FLDCOM EO functional manager will

inform AFPC EO Operations when complaints have been filed against installation EO directors

34 DAFI36-2710 23 MAY 2024

within 48 hours of receipt of the complaint. AFPC EO Operations will then inform SAF/MRQ

within 48 hours of notification from the MAJCOM/FLDCOM EO functional managers. Refer

to Chapter 4 for additional guidance.

2.17.9. Ensure complaints received through the DAF Unlawful Discrimination and

Harassment Hotline are routed to the appropriate installation EO office, in coordination with

AFPC EO Operations. For complaints involving multiple installations,

MAJCOMs/FLDCOMs, or other agencies, the MAJCOM/FLDCOM EO functional managers

will identify the OPR for complaint processing in coordination with their respective MAJCOM

commander, IG, and/or judge advocate. MAJCOM/FLDCOM EO functional manager will

ensure AFPC EO Operations is informed of such actions for optic and tracking purposes.

MAJCOM/FLDCOM EO functional managers may consult AFPC EO Operations as needed.

2.17.10. Serves as a member of the MAJCOM CAB and Community Action Team (CAT) in

accordance with DAFI 90-5001.

2.17.11. Serve as an advisor to the Diversity and Inclusion Council in accordance with AFI

36-7001, Diversity & Inclusion.

2.17.12. Ensure MEO and EEO complaint, NDR Program, and other relevant DAF EO

activities (e.g., general assistance, contacts, referrals) data is maintained and updated in the AF

EONet as described in Chapter 8.

2.17.13. Conduct effective quality control reviews for data collected and tracked in the AF

EONet for their respective MAJCOM/FLDCOM to ensure data are accurate, complete,

thorough, up-to-date, timely, and appropriately formatted to comply with laws, regulations,

and policies. Effective quality control reviews will be conducted at least quarterly and

throughout the year to support DAF reporting requirements, data calls, and requests for

information.

2.17.13.1. This includes providing thorough oversight of DAF Form 3018 and assistance

with EEOC Form 462 to ensure EEO and MEO complaint and ADR data are accurate,

complete, thorough, up-to-date, and timely.

2.17.13.2. Reconcile the DAF Form 3018 and EEOC Form 462 for their respective

MAJCOM/FLDCOM within 15 calendar days and notify AFPC EO Operations, via email

once complete.

2.17.14. Analyze DAF Form 3018 trend data and other pertinent EO information at minimum

semiannually and advise their respective installation EO directors and installation

Commanders on trends, issues, and corrective and preventative courses of actions. The

MAJCOM/FLDCOM EO functional manager will share with SAF/MRQ through AFPC EO

Operations any identified issues, trends, recommendations, and best practices that may have

broader implications to that MAJCOM/FLDCOM or to the DAF, as directed.

2.17.15. Compile EEO data under the DAF EO Program purview for the EEOC MD 715

Report in coordination with the MAJCOM AEPM. Refer to Chapter 8 for additional guidance.

2.17.16. Augment the MAJCOM IG throughout inspections, assessments, and evaluations.

Perform continual evaluation, to include monitoring Management Internal Control Toolset

(MICT) self-assessments, and the installation EO By-Law requirements.

DAFI36-2710 23 MAY 2024 35

2.17.17. Coordinate with MAJCOM readiness point of contacts to ensure installation-level

EO practitioners are correctly postured/aligned to the appropriate posturing code. ARC

personnel will coordinate with their appropriate readiness point of contact.

2.17.18. Collaborate with MAJCOM/FLDCOM agencies, CAT members, and other relevant

stakeholders on matters with DAF EO Program equities.

2.17.19. Process and respond to congressional and other high-level inquiries on matters within

the DAF EO Program purview in accordance with AFI 90-401, Relations with Congress, in

coordination with AFPC EO Operations and SAF/MRQ. The MAJCOM/FLDCOM EO

functional managers will include SAF/MRQ on all correspondence sent in response to

congressional and other higher-level inquiries.

2.17.20. Comply with data calls, request for information, and other-directed tasks to support

statutory and policy reporting requirements, congressional inquiries, audits and review, and

DoD and DAF senior leader inquiries within the DAF EO Program purview. This includes

conducting effective quality control reviews before submitting data and information to

SAF/MRQ and AFPC EO Operations.

2.17.21. Facilitate supplemental training workshops and attend other professional forums

addressing EO issues and determine MAJCOM/FLDCOM representation at these events.

Refer to Chapter 7 for additional guidance.

2.17.22. Ensure staff assistance visits (SAV) for an installation EO Program are coordinated

with appropriate EO functional managers and gatekeepers in accordance with DAFI 90-302,

The Inspection System of the Department of the Air Force. Refer to Chapter 9 for additional

guidance.

2.17.23. The MAJCOM/FLDCOM EO functional manager will prioritize and focus on

implementing the MAJCOM EO Program. Any activities that may diminish the effectiveness

of MAJCOM/FLDCOM EO functional managers in the performance of their DAF EO

responsibilities are not acceptable. The MAJCOM/FLDCOM EO functional manager position

will not be combined with another position in the organization. MAJCOM/FLDCOM EO

functional managers will not be constrained by additional duties that detract from their primary

EO responsibilities.

2.17.23.1. To ensure impartiality in accordance with laws, regulations, and policies, the

MAJCOM/FLDCOM EO functional manager will not execute any duties that subsequently

disqualify them from or may cause a conflict of interest in conducting unbiased execution

of the DAF EO Program, to include overseeing EEO and processing and overseeing MEO

complaints in accordance with laws, regulations, and policies. This includes not serving as

SARCs, SAPR VAs; victim advocates; AEPMs; SEPMs; DPMs; diversity and inclusion

managers or personnel; integrated primary prevention workforce; counter-insider threat

liaison; servicing legal office staff; any role within civilian personnel; or other duties that

may cause conflicts of interest. This also includes not executing extremist activity functions

to include conducting training on these issue areas.

36 DAFI36-2710 23 MAY 2024

2.17.24. When processing MEO complaints, the MAJCOM/FLDCOM EO functional

manager serves in the capacity of an EO practitioner and will comply with all laws, regulations,

and policies, to include timelines and notification requirements, as described in this

publication. This includes implementing EO practitioner responsibilities per paragraphs 2.21

through 2.21.22.

2.17.25. For packages (e.g., appeals, institutional discrimination, EOTIs, etc.) requiring AFPC

EO Operations or SAF/MRQ coordination, MAJCOM/FLDCOM EO functional managers will

conduct effective quality control reviews before forwarding those packages to AFPC EO

Operations. MAJCOM/FLDCOM EO functional managers will forward written

acknowledgment from AFPC EO Operations of received packages to the respective installation

EO director within 48 hours of receipt from AFPC EO Operations. If AFPC EO Operations

has not provided a written acknowledgment to the respective MAJCOM/FLDCOM EO

functional manager within 48 hours after submission of the packages to AFPC EO Operations,

the respective MAJCOM/FLDCOM EO functional manager will follow up with AFPC EO

Operations every five duty days to receive a status update from AFPC EO Operations and

forward the status to the respective installation EO director. If MAJCOM/FLDCOM EO

functional managers have not received from AFPC EO Operations status updates within 60

duty days after submission to SAF/MRQ, MAJCOM/FLDCOM EO functional managers will

follow up every 15 duty days with AFPC EO Operations for a status update until the package

has been adjudicated and/or returned. MAJCOM/FLDCOM EO functional manager will

forward the status updates to the respective installation EO director within 48 hours of receipt.

2.18. Installation Commander. Promotes and implements nondiscrimination and equal

opportunity policies for programs and activities consistent with laws, regulations, executive orders,

directives, and DoD and DAF policies. This includes taking proactive steps to prevent, correct,

and eliminate unlawful discrimination and discriminatory harassment (including sexual

harassment) against DAF civilian employees, former employees, and applicants for employment

and prohibited discrimination, discriminatory harassment (including sexual harassment), and other

forms of harassment (bullying and hazing) against military members consistent with this

publication. Installation commanders will:

2.18.1. Ensure Airmen and Guardians (military and civilian) are made aware of the DAF EO

Program and policies, informed that they can report violations or allegations without fear of

retaliation or reprisal, and have the right to file EEO complaints of unlawful discrimination

and discriminatory harassment (including sexual harassment) and MEO complaints of

prohibited discrimination, discriminatory harassment (including sexual harassment), and other

forms of harassment (bullying and hazing) described in this publication.

2.18.2. Ensure the EEO and MEO programs are implemented at all serviced and tenant

organizations under their command. This includes using supplemental policy guidance,

communication, education, and training, enforcement, and assessment as core elements of

program effectiveness and repealing any policies or practices that counter or conflict with the

DAF EO policy. Ensure the NDR Program, where applicable and where the installation EO

director also serves as the NDR program manager, are implemented at all serviced and tenant

organizations under their command.

DAFI36-2710 23 MAY 2024 37

2.18.3. Ensure the DAF EO policy and complaint procedures are prominently posted in all

personnel and DAF EO offices and other high traffic locations throughout the installation to

include prominently posting the contact information for the installation EO office and DAF

Unlawful Discrimination and Harassment Hotline.

2.18.4. Appoint an installation EO director (minimum grade GS-12 or E-7 unless otherwise

dictated by the unit manpower document) in writing. In deployed locations, the EO director

position will be no lower than the grade of E-6. Installation commanders are encouraged to

engage with their respective MAJCOM/FLDCOM EO functional manager for questions or

insight on the DAF EO Program when appointing installation EO directors as needed.

2.18.5. Ensure the installation EO director direct reports to the installation commander to align

with Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020, 29 CFR Part

1614, and the EEOC MD 110. This ensures the installation Commander is informed of the

effectiveness, efficiency, compliance, issues, and overall status and trends of the installation

EO Program.

2.18.6. Ensure the installation EO director and EO practitioners complete all required training

as described in Chapter 7.

2.18.7. Ensure the installation EO director is not aligned under the CPS or Office of the IG or

assigned as a SJA, diversity and inclusion representative, or director of staff to comply with

federal laws and regulations to ensure impartiality.

2.18.8. Ensure all assigned EO directors and practitioners are available and properly trained

to effectively execute the installation EO Program.

2.18.9. Ensure that adequate facilities, office support equipment, and financial resources are

provided to the installation EO office to effectively execute the EO Program in accordance

with applicable laws, regulations, executive orders, directives, and DoD and DAF policies.

2.18.9.1. Ensure that the installation EO office is resourced with private offices for

consultations, complaint processing, interviews, and meetings with personnel that involve

sensitive and need to know information to allow for privacy per DAFMAN 32-1084,

Standard Facility Requirements. When feasible, the SAPR and EO offices should be in

close proximity but not in the same office as each other and should be in an area on the

installation where all personnel have easy access, through their own private entryway with

controlled foot traffic to provide as much privacy as possible.

2.18.9.2. Ensure that the installation EO office is in an area on the installation where

individuals with disabilities have easy access to the EO office space (e.g., elevators, ramps,

equipment, alternate accessible locations, etc.) in accordance with applicable laws and

policies.

2.18.9.3. Ensure the installation EO office has access to conference space and classrooms

to implement EO training and education requirements.

2.18.10. Ensure all subordinate commanders foster environments of nondiscrimination and

equal opportunity and respond to unlawful discrimination and discriminatory harassment

(including sexual harassment) against DAF civilian employees, former employees, and

applicants for employment and prohibited discrimination, discriminatory harassment

(including sexual harassment), and other forms of harassment (bullying and hazing) against

38 DAFI36-2710 23 MAY 2024

military members as described in this publication. Ensure retaliation and/or reprisal will not be

tolerated.

2.18.11. Ensure substantiated MEO complaints are annotated in enlisted and officer

performance reports and tracking systems and require such reports and tracking systems be

reviewed for substantiated MEO complaints prior to selection for favorable personnel actions.

2.18.12. Exercise authority to accept or dismiss (in whole or in part) civilian EEO complaints

pursuant to 29 CFR § 1614.107. This authority may be delegated in writing to the deputy

commander or installation EO director provided the installation EO director has not otherwise

counseled the aggrieved individual with respect to the complaint.

2.18.13. Ensure DAF civilian employees, supervisors, and managers provide full cooperation

to EEO officials and investigators, EEOC officials, and DAF legal representatives on inquiries,

investigations, or other official proceeding in accordance with applicable laws and policies.

2.18.14. Ensure personnel support CDIs and MEO complaint clarifications by providing

timely access to information, as appropriate.

2.18.15. Exercise final authority to waive complaint timelines for formal MEO complaints.

2.18.16. Review with the installation EO director all MEO and EEO complaints monthly for

complaint processing timeliness, retaliation and reprisal prevention, and other significant

issues and trends identified by the installation EO director.

2.18.17. Advocate for and ensure the availability of the NDR Program.

2.18.18. Approve or disapprove first level appeals on MEO formal complaints.

2.18.19. Make the final determination on EOTI classifications.

2.18.20. Direct the semiannual installation equal opportunity assessment summary (IEOAS).

2.18.21. Ensure military and civilian personnel complete all required EO training and

education. Approve locally developed supplements to approved DAF EO training and

education curricula and any other locally developed training and education materials, such as

but not limited to lesson plans, handouts, and audiovisual materials.

2.18.22. Ensure military members experiencing sexual harassment have access to and are

referred to the Sexual Assault Prevention and Response (SAPR) office for victim advocacy

support and to the EO office to file a MEO complaint. The EO office does not provide victim

advocacy services and cannot take unrestricted or restricted reports for sexual harassment. For

additional information about military member sexual harassment victim advocacy, refer to

DAFI 90-6001, Sexual Assault Prevention and Response (SAPR) Program.

2.18.23. Ensure that the EO office regularly communicates with the SAPR office and other

stakeholders (e.g., commanders, judge advocate, security forces (SF), office of special

investigations (AFOSI), etc.), as appropriate, to ensure sexual harassment complaint and victim

advocacy procedures are streamlined, communicated, and implemented across their respective

installation. Great care will be taken to ensure that military members’ privacy is maintained,

as appropriate and permissible by law.

2.18.24. Ensure that installation EO directors and EO practitioners prioritize and focus on

implementing the installation EO Program. Any activities that may diminish the effectiveness

DAFI36-2710 23 MAY 2024 39

of installation EO director and EO practitioners in the performance of their DAF EO

responsibilities are not acceptable. The installation EO director and EO practitioner position

will not be combined with another position in the organization unless otherwise stated in this

publication. Installation EO director and EO practitioners will not be constrained by additional

duties that detract from their primary EO responsibilities.

2.18.24.1. To ensure impartiality in accordance with laws, regulations, and policies, the

installation EO director and EO practitioners will not be assigned any duties that

subsequently disqualify them from or may cause a conflict of interest in conducting

unbiased execution of the DAF EO Program, to include processing EEO and MEO

complaints in accordance with laws, regulations, and policies. This includes not serving as

SARCs; SAPR VAs; victim advocates; AEPMs; SEPMs; DPMs; diversity and inclusion

managers or personnel; integrated primary prevention workforce; counter-insider threat

liaison; servicing legal office staff; any role within civilian personnel; or other duties that

may cause a conflict of interest. This also includes ensuring installation EO directors and

EO practitioners will not be assigned to execute countering insider threat or extremist

activity functions to include training on these issue areas. Installation EO directors and EO

practitioners will prioritize and focus on implementing the installation EO Program.

2.18.25. Receive training from the installation EO office when assuming command. This is

accomplished through the key personnel briefing conducted by the installation EO office. Refer

to Chapter 6 for additional guidance.

2.18.26. Complete all EO training and education as required by laws, regulations, and policies.

Refer to Chapter 6 for additional guidance.

2.18.27. Ensure EO personnel are not used to administer or implement the Defense

Organizational Climate Survey (DEOCS), or other command climate assessments (CCA)

responsibilities aligned with the DAF integrated primary prevention workforce as described in

DoDI 6400.11 and DAFI 90-5001. Attempting to use EO personnel for such purposed will

interfere with competing statutory and policy obligations, to include processing MEO and

civilian EEO complaints and supporting multiple congressional annual reporting requirements

that overlap with the DEOCS survey window. Additionally, the shift of CCAs (e.g., DEOCS)

focus on risk and protective factors across multiple forms of violence and negative behaviors

is outside the purview of the EO program. Commanders are also encouraged to seek assistance

from their respective integrated primary prevention office.

2.18.28. Ensure the installation EO office has timely access to pertinent information and

relevant portions of data sets, reports, and/or findings with DAF EO Program equities (e.g.,

discrimination, sexual harassment, harassment [bullying and hazing]) needed to conduct EEO

and MEO complaint processing, EOTI classifications, and to monitor and track other EO

related matters that may contribute to the overall installation’s climate and mission readiness.

This includes, but is not limited to, access to personnel data (e.g., performance reports,

promotions, and awards), legal data (Article 15, Courts-Martial, etc.), unit historical trend data,

Security Force’s blotters, and portions of CCAs with DAF EO equities. Agencies in which data

may be needed from include, but is not limited to, SF, IG, integrated primary prevention

workforce, military personnel section, CPS, and chains of command.

2.18.29. Have overall responsibility for the AEP and SEPs for all assigned, serviced, and

tenant organizations. Provide sufficient resources to support AEP and SEPs, and leadership in

40 DAFI36-2710 23 MAY 2024

establishment and enforcement of policy supporting AEP and SEPs efforts, to include

briefings, equal employment initiatives, and policy memoranda. Ensure committees are

established to plan and conduct special observances, barrier analysis, and events that promote

EEO and enhance the employment and advancement opportunities of all protected groups.

Note: Installation commander will consult with DPM to ensure they are informed on federal

laws, regulations, and policies that protect individuals with disabilities from unlawful

discrimination and ensure reasonable accommodation requests are provided as required by

Rehabilitation Act of 1973 (29 USC § 791 et seq.) as amended by the Americans with

Disabilities Act (ADA) of 1990, as amended (42 USC § 12101 et seq.). Additional details

regarding processing of reasonable accommodation of disabilities can be found in Chapter 14

of this publication.

2.19. Commanders (Unit, Tenant, Direct Reporting Unit, Geographically Separated Units,

Forward Operating Agency) (and Civilian Equivalents). Promotes and implements

nondiscrimination and EO policies for programs and activities consistent with laws, regulations,

executive orders, directives, and DoD and DAF policies. This includes taking proactive steps to

respond, prevent, correct, eliminate, and ensuring all allegations of unlawful discrimination and

discriminatory harassment (including sexual harassment) against DAF civilian employees, former

employees, and applicants for employment and prohibited discrimination, discriminatory

harassment (including sexual harassment), and other forms of harassment (bullying and hazing)

against military members are thoroughly addressed consistent with this publication. Commanders

(and civilian equivalents) will:

2.19.1. Ensure Airmen and Guardians (military and civilian) under their purview are made

aware of and have access to the DAF EO Program and policies, informed of and encouraged

to report violations or allegations without fear of retaliation or reprisal, and informed that they

have the right to file EEO complaints of unlawful discrimination and discriminatory

harassment (including sexual harassment)and MEO complaints of prohibited discrimination,

discriminatory harassment (including sexual harassment), and other forms of harassment

(bullying and hazing) described in this publication.

2.19.1.1. Endorse and communicate DoD and DAF EO policies and programs to all their

personnel and ensuring that there is no tolerance for unlawful discrimination and

discriminatory harassment (including sexual harassment) against DAF civilian employees,

former employees, and applicants for employment and prohibited discrimination,

discriminatory harassment (including sexual harassment), and other forms of harassment

(bullying and hazing) against military members in the DAF.

2.19.1.2. Informing their Airmen and Guardians (military and civilian) of the available

EEO and MEO reporting options and procedures.

2.19.2. Ensure the complainant and alleged offender(s) understand their rights when

allegations of unlawful discrimination and discriminatory harassment (including sexual

harassment) by DAF civilian employees former employees, and applicants for employment

and prohibited discrimination, discriminatory harassment (including sexual harassment), and

other forms of harassment (bullying and hazing) by military members are filed with the

installation EO office or when their Airman or Guardian reports allegations directly to the

command/commander.

DAFI36-2710  23 MAY 2024  41 
2.19.3.  Ensure  every  effort  is  made  to  protect  the  identity  and  privacy  of  Airman  and 
Guardian’s (military and civilian) when an EEO or MEO complaint is filed consistent with this 
publication. 
2.19.4.  Advise military members and civilian personnel of available support resources and 
support efforts to restore workplace efficiency. 
2.19.5.  Consider taking immediate and appropriate corrective, administrative, disciplinary, 
and/or actions when violations of DoD and DAF EO policy occur and when an EEO or MEO 
complaint is substantiated as defined in Attachment 1 of this publication. 
2.19.6.  For  MEO  informal  complaints  filed  with the installation  EO  office or  when  their 
Airman or Guardian reports allegations directly to the command/commander, respond to and 
informally resolve such matters in a timely matter. Refer to Chapter 4 for additional guidance. 
2.19.6.1.  Coordinate with the installation EO director to serve as or to appoint an EO 
practitioner to provide SME on DAF EO policy for all CDIs involving EO allegations. EO 
directors and practitioners will not conduct the CDI nor recommend whether to substantiate 
or not substantiate allegations or recommend corrective, administrative, and/or disciplinary 
actions. 
2.19.6.2.  Thoroughly  complete  and  provide  monthly  to  the  installation  EO  office  a 
Commander Worked Issue (CWI) Worksheet, detailing EO-related issues worked within 
their unit as informal complaints, to include any CDI and anonymous complaints to ensure 
tracking and monitoring as required by laws and policies. 
2.19.7.  For  all  MEO  formal  complaints,  other  than  sexual  harassment,  provide  initial 
notification to the General Court Martial Convening Authority (GCMCA) within 5 duty days 
of receipt of the complaint. Formal complaints of sexual harassment are referred to SF to 
conduct independent investigations pursuant to the procedures in 10 USC § 1561. Refer to 
Chapter 4 for additional guidance.  
2.19.8.  For MEO formal complaints of sexual harassment, provide initial notification to the 
GCMCA within 72 hours of receipt of the complaint in accordance with procedures in 10 USC 
§ 1561. Refer to Chapters 3 and 4 for additional guidance. 
2.19.9.  Provide  all  briefings,  notices,  reports,  and  referrals  to  military  and  civilian 
complainants and alleged offenders as prescribed in this publication throughout the EEO and 
MEO complaint processes. 
2.19.10.  Commanders will provide military complainants (and civilian complainants with a 
formal complaint pursuant to procedures in 10 USC § 1561) and alleged offenders information 
about available on- and off- installation support resources, to include military and civilian 
emergency medical support services as well as public and private programs that are available 
to provide counseling, treatment, and other support. 
2.19.11.  Advise their military members of their eligibility to receive victim advocacy services 
for sexual harassment through the SAPR office and that they can facilitate an in-person, virtual, 
or telephonic referral to the SARC and/or SAPR VA prior to the military member disclosing a 
sexual harassment allegation to the command or EO office to preserve their restricted reporting 
option. For additional information about military member sexual harassment victim advocacy, 
refer to DAFI 90-6001. 

42 DAFI36-2710 23 MAY 2024

2.19.12. Advise military members that sexual harassment victim advocacy services through

the SAPR office do not replace the MEO complaint processes available to military members.

As such, military members electing an unrestricted report with the SAPR office to receive

sexual harassment victim advocacy services may also choose to file a separate MEO complaint

alleging sexual harassment through the EO office or can go directly to their commander or SF

to report the allegation.

2.19.13. Receive training from the installation EO office when assuming command. This is

accomplished through the key personnel briefing conducted by the installation EO office. Refer

to Chapter 6 for additional guidance.

2.19.14. Complete all EO training and education as required by laws, regulations, and policies.

Refer to Chapter 6 for additional guidance.

2.19.15. Annotate substantiated MEO complaints in enlisted and officer performance reports

and tracking systems and review such reports and tracking systems for substantiated MEO

complaints prior to selection for favorable personnel actions.

2.19.16. Will not use EO personnel to administer or implement DEOCS or other CCAs

responsibilities aligned with the DAF integrated primary prevention workforce as described in

DoDI 6400.11 and DAFI 90-5001. Attempting to use EO personnel for such purposed will

interfere with competing statutory and policy obligations, to include processing MEO and

civilian EEO complaints and supporting multiple congressional annual reporting requirements

that overlap with the DEOCS survey window. Additionally, the shift of CCAs (e.g., DEOCS)

focus on risk and protective factors across multiple forms of violence and negative behaviors

outside the purview of the EO program. Commanders are also encouraged to seek assistance

from their respective integrated primary prevention office.

2.20. Installation Equal Opportunity Directors. Provides program management and

administers their respective installation EO Program in accordance with applicable laws,

regulations, executive orders, directives, and DoD and DAF policies to include ensuring program

impartiality. This includes serving as SME and advisor to the installation commander, other

commanders (and civilian equivalents), and installation stakeholders on EO matters related as

described in this publication. Installation EO directors will:

2.20.1. Report to and have direct access to the installation commander to align with Elijah E.

Cummings Federal Employee Antidiscrimination Act of 2020, 29 CFR Part 1614, and the

EEOC MD 110. This ensures being able to fully inform the installation commander of the

effectiveness, efficiency, compliance, issues, and overall status and trends of the installation

EO Program.

2.20.2. If appropriate and as requested, assist the installation commander in developing

supplemental EO policy and guidance, including forwarding requests to supplement policy for

review in accordance with procedures outlined in DAFMAN 90-161, Publishing Process and

Procedures.

2.20.3. Complete initial skills training and annual refresher training as described in Chapter

7. Initial skills training will be successfully completed to gain access to the AF EONet.

2.20.4. Manage the budget, manpower, and resources for their respective installation EO

offices. Ensure that all requirements with legal implications are priority funded before

DAFI36-2710 23 MAY 2024 43

everything else. Travel for workshops, symposiums, and training should be prioritized and

funded at the installation EO director’s discretion notwithstanding installation commander

directives.

2.20.5. Provide guidance and assistance to their respective installation commanders and

stakeholders in implementing this publication and relevant statutory and DoD and DAF

policies and initiatives affecting the DAF EO Program.

2.20.6. Ensure timely processing of EEO and MEO complaints while ensuring that reasonable

effort is made to resolve complaints at the lowest possible level at the earliest possible time in

accordance with laws, regulations, and policies as described in this publication. This includes

ensuring appropriate coordination, documentation, and notification of all EEO and MEO

complaint processing activities are conducted by the installation EO office and assist EO

practitioners with their responsibilities. Refer to Chapters 3 and 4 for additional guidance for

EEO and MEO complaint processing.

2.20.7. Advocate for and make available the NDR Program to Airmen and Guardians (military

and civilians) for ADR as described in this publication. If serving as a NDR Program Manager

or in coordination with the NDR Program Manager, act to resolve disputes and provide NDR

Program services in per DAFI 51-1201. This includes maintaining a list of DAF mediators,

both certified and apprenticing, on an active roster at their respective location. At installations

that do not have a history of significant workplace dispute activity, in lieu of maintaining a

roster of internal mediators, mediators or other third-party neutrals may be obtained from other

sources.

2.20.8. Utilize the EO Management Internal Control Toolset (MICT) Self-Assessment

Checklist (SAC) to assess the installation EO Program at least twice per year (January and

July) for effectiveness and efficiency of operations from key stakeholders. As requested, the

installation EO director will provide a copy of the completed SAC and any analysis of the EO

MICT SACs to their respective MAJCOM/FLDCOM EO functional manager and AFPC EO

Operations to support any trend analysis as needed. For ANG, the EO MICT SAC is an annual

requirement. Refer to DAFI 90-302, The Inspection System of the Department of the Air Force,

for additional information MICT.

2.20.9. Conduct and submit via the AF EONet quarterly synopsis of DAF Form 3018 to

include trends, best practices, areas for improvement, and other pertinent EO information.

Installation EO directors will approve and certify DAF Form 3018 within 10 calendar days

after the end of each quarter of the fiscal year and submit a copy to their respective

MAJCOM/FLDCOM EO functional manager, with a courtesy copy to the installation

commander. For ANG and AFRC, DAF Form 3018 approval and certification will be

accomplished no later than one RSD/UTA after the close out of each quarter.

2.20.10. Installation EO directors will validate and reconcile all sections of the EEOC Form

462 quarterly. Installation EO directors will submit a copy of the EEOC Form 462 to their

respective MAJCOM/FLDCOM EO functional manager, with a courtesy copy to the

installation commander, within 10 calendar days of closeout.

2.20.11. Conduct an installation equal opportunity assessment summary (IEOAS) at least

semiannually. This includes briefing the IEOAS findings, to include actionable

recommendations, to the installation CAT and CAB at least semiannually. The installation EO

44 DAFI36-2710 23 MAY 2024

director will ensure the IEOAS is reported on DAF Form 3018. Refer to Chapter 9 for

additional guidance.

2.20.12. Brief the installation commander monthly on all MEO and EEO complaints for

complaint processing timeliness, retaliation/reprisal prevention, and other significant issues

and trends identified by the installation EO director.

2.20.13. Promote the DAF EO Program to respective installation military and civilian senior

leaders and all Airmen and Guardians (military and civilian). This includes ensuring the

installation workforce receives adequate information on the availability of EEO and MEO

complaint programs and to qualified trained EO practitioners.

2.20.14. Ensure the DAF EO policy, EEO and MEO complaint procedures, EO office contact

information (e.g., telephone and office location, and DAF Unlawful Discrimination and

Harassment Hotline are publicized and prominently posted in installation EO offices and other

high traffic locations throughout the installation. The areas for posting may include, but are

not limited to, the force support squadron, commissary, exchange facilities, and the

installation’s authorized social media resources.

2.20.15. Support (GSUs) on EO related issues outlined in the local host-tenant agreements,

where applicable.

2.20.16. Serves as a member of the installation CAB and CAT in accordance with DAFI 90-

5001.

2.20.17. Collaborate with their respective integrated primary prevention workforce and other

installation CAT members to support integrated prevention plans and activities where issues

and topics are within the DAF EO purview.

2.20.18. Not administer or implement, nor assign to EO practitioners, the DEOCS or other

CCAs responsibilities aligned with the DAF integrated primary prevention workforce as

described in DoDI 6400.11 and DAFI 90-5001. Attempting to use EO personnel for such

purposes will interfere with competing statutory and policy obligations, to include processing

MEO and EEO complaints and supporting multiple congressional annual reporting

requirements that overlap with the DEOCS survey window. Additionally, the shift of CCAs

(e.g., DEOCS) focus on risk and protective factors across multiple forms of violence and

negative behaviors outside the purview of the EO program.

2.20.18.1. DEOCS responsibilities, such as but not limited to, analyzing data, and

conducting review sessions and outbriefs with commanders (and civilian equivalents), will

be implemented by the integrated primary prevention workforce.

2.20.18.2. The DAF’s integrated primary prevention workforce is responsible for

implementing other CCA and prevention requirements in DoDI 6400.11 to include the

integrated prevention plan(s). For additional information, refer to DAFI 90-5001.

2.20.18.3. The installation EO director will collaborate with their respective integrated

primary prevention workforce and other installation CAT members to encourage Airmen

and Guardians (military and civilian) to participate in CCAs (e.g., DEOCS). This may be

accomplished during EO trainings, out and abouts, and at other engagements or interactions

with Airmen and Guardians (military and civilian).

DAFI36-2710 23 MAY 2024 45

2.20.19. Equip and empower EO practitioners to implement their duties and responsibilities

as described in this publication. Installation EO directors will ensure any additional duties

assigned to EO practitioners will not significantly affect the EO practitioners’ ability to

implement their primary duties and responsibilities. Ensure EO practitioners have direct access

to them.

2.20.20. Ensure all EO practitioners have completed initial skills training and annual refresher

training as described in Chapter 7.

2.20.21. Review and approve any EO practitioner personalized information (e.g., introduction,

transitions, closing) developed for DAF EO trainings prior to implementation. Refer to

Chapter 6 for more guidance.

2.20.22. Conduct an annual written instructor evaluation for each training all EO practitioners

conduct to assess for, but not limited to, instructional skills and abilities, performance, and

demonstration of subject matter expertise to ensure training effectiveness and efficiency in

communicating the DAF EO Program to Airmen and Guardians (military and civilian). This

will be documented on the AETC Form 281A, Instructor Evaluation Checklist.

2.20.23. Ensure there is a sufficient EEO complaint caseload to effectively utilize and justify

the need for civilian collateral duty EO practitioners. Installation EO directors will ensure

civilian collateral duty EO practitioners successfully complete required training to gain access

to the AF EONet as described in Chapter 7. Installation EO directors will ensure civilian

collateral duty EO practitioners only support the processing of EEO complaints and will not

conduct MEO complaint processing, ADR assistance, or other DAF EO functions. Installation

EO directors will coordinate with the collateral duty EO practitioner’s supervisor to ensure

those job duties are correctly reflected in the collateral duty EO practitioner’s primary position

description.

2.20.24. Maintain a collaborative working relationship with servicing legal, personnel, and

other appropriate stakeholders and organizations with equities to ensure compliance with legal,

regulatory, and policy requirements.

2.20.25. Ensure MEO and EEO complaints, NDR Program, and other relevant DAF EO

activities (e.g., general assistance, contacts, referrals) data is maintained and updated in the AF

EONet.

2.20.25.1. Ensure all EEO and MEO complaints filed with the installation EO Office are

entered in the AF EONet within three duty days from when the EEO or MEO complaint

was filed with an installation EO office. For extenuating circumstances, such as system-

wide or internet connectivity issues, this timeframe can be extended up to five duty days

from when the EEO or MEO complaint was filed. Refer to Chapter 8 for additional

guidance.

2.20.25.2. Conduct effective quality control reviews of all DAF EO data and information

collected and tracked in the AF EONet for their respective installation EO office to ensure

data are accurate, complete, thorough, up-to-date, timely, and appropriately formatted to

comply with laws, regulations, and policies. Effective quality control reviews will be

conducted monthly and throughout the year to support DAF reporting requirements, data

calls, and requests for information.

46 DAFI36-2710 23 MAY 2024

2.20.26. Maintain and safeguard EEO and MEO complaint documentation as the custodian of

the official record in accordance with AFI 33-322, Records Management and Information

Governance Program. This includes ensuring EEO and MEO complaint documentation is

protected in compliance with the Privacy Act of 1974, Freedom of Information Act, and other

relevant laws and regulations. Ensure all records will be kept in accordance with the Air Force

Records Disposition Schedule located in the Air Force Records Information Management

System. Refer to Chapter 8 for additional guidance.

2.20.27. Review and ensure all required EEO complaint documentation and reports (e.g.,

Counselor’s Reports) are completed in accordance with EEOC MD 110. Refer to Chapter 3

for additional guidance.

2.20.28. Provide administrative and logistical support to the DoD’s Investigations and

Resolutions Directorate (IRD) for EEO complaints. Coordinate the utilization of court

reporters, if applicable, and ensure the court reporters provide the required number of

transcripts to IRD.

2.20.29. Comply with data calls, request for information, and other-directed tasks to support

statutory and policy reporting requirements, congressional inquiries, audits and review, and

DoD and DAF senior leader inquiries within the DAF EO Program purview.

2.20.30. Ensure all required EO training and education are conducted using DAF approved

materials (e.g., lesson plans, curricula, etc.) developed by AFPC EO Operations. Refer to

Chapter 6 for additional guidance. Refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your

MAJCOM/FLDCOM EO functional managers or AFPC EO Operations for operational

guidance and training materials.

2.20.31. Prioritize and focus on implementing the installation EO Program. Any activities that

may diminish the effectiveness of installation EO directors and EO practitioners in the

performance of their DAF EO responsibilities are not acceptable. The installation EO director

and EO practitioner position will not be combined with another position in the organization

unless otherwise stated in this publication. Installation EO directors and EO practitioners will

not be constrained by additional duties that detract from their primary EO responsibilities.

2.20.31.1. To ensure impartiality in accordance with federal laws, regulations, and

policies, the installation EO director will not execute or assign to EO practitioners any

duties that subsequently disqualify them from or may cause a conflict of interest in

conducting unbiased execution of the DAF EO Program, to include processing EEO and

MEO complaints in accordance with laws, regulations, and policies. This includes not

serving as SARCs; SAPR VAs; victim advocates; AEPMs; SEPMs; DPMs; diversity and

inclusion managers or personnel; integrated primary prevention workforce; counter-insider

threat liaison; servicing legal office staff; any role within civilian personnel; or other duties

that may cause a conflict of interest. This also includes not executing or assigning to EO

practitioners countering insider threat or extremist activity functions to include conducting

training on these issue areas. Installation EO directors will prioritize and focus on

implementing the DAF EO Program.

DAFI36-2710 23 MAY 2024 47

2.20.32. Ensure DAF EO Commitment of Service is implemented when the installation EO

offices engages with all Airmen and Guardians (military and civilian) as described in Chapter

1 of this publication.

2.20.33. Ensure Airmen and Guardians (military and civilian) are informed that an EO

practitioner can facilitate referrals and warm hand-offs to available and eligible resources or

services with consent of that Airman or Guardian. This supports the DAF’s Connect to Care

Approach as described in DAFI 90-5001 and DAFI 90-6001.

2.20.34. For individuals who come in contact with the installation EO office that appear

emotionally distraught or may present a risk to themselves or others, ensure EO practitioners

conduct person-to-person hand-offs with the individual’s immediate commander (and civilian

equivalents) or designee (e.g., first sergeant). In emergency situations of imminent threat to

self or to others, ensure EO practitioners contact law enforcement for assistance and then notify

the individual’s immediate commander (and civilian equivalents) or designee (e.g., first

sergeant). Where there is no risk to EO practitioners safety, ensure EO practitioners do not

leave the individual alone and to conduct person-to-person warm hand-off when support

arrives.

2.20.35. Ensure that military members seeking assistance from the EO office are advised of

their eligibility to receive victim advocacy services for sexual harassment through the SAPR

office and that the EO office can facilitate an in-person, virtual, or telephonic referral to the

SARC SAPR VA prior to the military member disclosing a sexual harassment allegation to the

EO office to preserve their restricted reporting option. This includes ensuring that the military

member understands that the EO office cannot provide victim advocacy services and cannot

take unrestricted or restricted reports. For additional information about military member sexual

harassment victim advocacy, refer to DAFI 90-6001.

2.20.35.1. Ensure that military members understand that sexual harassment victim

advocacy services through the SAPR office do not replace the MEO complaint processes.

This includes ensuring that military members electing an unrestricted report with the SAPR

office to receive sexual harassment victim advocacy understand that they may also choose

to file a separate MEO complaint alleging sexual harassment through the EO office or can

go directly to their commander to report the allegation.

2.20.35.2. Regularly communicate with the SAPR office and other stakeholders (e.g.,

commanders, judge advocate, SF, office of special investigations, etc.), as appropriate, to

ensure sexual harassment procedures are streamlined, communicated, and implemented

across their respective installation. Great care will be taken to ensure that military

members’ privacy is maintained, as appropriate and permissible by law.

2.20.35.3. Advise commanders at all levels that military sexual harassment victim

advocacy services through the SAPR office do not replace the MEO complaint processes

available to military members and that formal complaints of sexual harassment are referred

to SF to conduct independent investigations pursuant to the procedures in 10 USC § 1561

and as prescribed in this publication.

2.20.36. Inform appropriate level commanders (and civilian equivalents) of EO related issues

that may adversely affect an Airman’s or Guardian’s behavior, health and wellness, duty

performance, or mission readiness, as appropriate.

48 DAFI36-2710 23 MAY 2024

2.20.36.1. The installation EO director will ensure this notification is documented in the

DAF EO Information Technology System on a DAF Form 1271 as a non-EO assistance

unless there is an existing DAF Form 1587 or DAF 1587-1 associated with a military

member. Refer to Chapter 4 for additional guidance.

2.20.37. Ensure the installation EO office establishes an electronic and/or hardcopy continuity

folder for each unit or organization serviced by that office. Electronic records are the media of

choice for use, storage, and maintenance. New record management systems containing paper

records must be approved by the Air Force Records Officer in accordance with AFI 33-322,

Records Management and Information Governance Program. Each continuity folder will

contain at minimum the following:

2.20.37.1. Tab 1: Documented key personnel briefings.

2.20.37.2. Tab 2: Unit specific DAF Forms 1271, Equal Opportunity Record of

Assistance/Contact.

2.20.37.3. Tab 3: Out and about visits (DAF Form 1271).

2.20.37.4. Tab 4: Memorandum from commanders regarding EO issues worked within the

unit. This includes the CWI Worksheet along with the corresponding DAF Form 1587-1,

Military Equal Opportunity Informal Complaint Summary.

2.20.37.5. Other required documentation, when directed by SAF/MRQ and/or AFPC EO

Operations.

2.20.38. Ensure that installation EO offices only release records to designated officials for

official use purposes only. Designated officials will include commanders, IG, SJA, AFOSI,

Office of Personnel Management (OPM), IRD, AFCARO, AF/JACL, SF, independent

investigators, other authorized investigators, and other higher headquarters officials. If a CPS

or DAF official not listed above requests a copy of a civilian or military complaint file to

process an administrative action, the installation EO director will coordinate with their

servicing SJA prior to the release of any complaint file information. The installation EO

director will consult with the servicing SJA to determine release of information as warranted,

to include any redaction requirements.

2.20.39. Report all MEO and EEO complaints against all officers (and civil servant Grade 15

or equivalent and above) and the complaint results (e.g., substantiated or not substantiated) of

those complaints to SAF/IGQ through their servicing local IG office as described in DAFI 90-

301. Consult with the servicing SJA on formal complaints of sexual harassment or any informal

complaints of sexual harassment that result in an investigation on reporting procedures prior

to reporting to IG.

2.20.40. When processing or handling any EEO or MEO complaints, the installation EO

director serves in the capacity of an EO practitioner and will comply with all laws, regulations,

and policies, to include timelines and notification requirements, as described in this

publication. This includes implementing EO practitioner responsibilities per paragraphs 2.21

through 2.21.22.

2.20.41. Develop, update, and distribute an on-call notification roster for EO personnel to the

installation command post, SF, GSU commanders, and other pertinent locations.

DAFI36-2710  23 MAY 2024  49 
2.20.42.  Disseminate  a  monthly  written  reminder  to  all  commanders,  including  civilian 
equivalents, to provide EO-related information on all CWI activity for the previous month. The 
installation EO director will highlight this requirement during all key personnel briefings. 
2.21.  Equal Opportunity Practitioners.  Under the oversight and direction of the installation EO 
director, impartially implements their EO responsibilities and duties to support the installation EO 
Program. This includes serving as SME and advisor on EO matters described in this publication. 
EO practitioners will:  
2.21.1.  Have direct access to the installation EO director. 
2.21.2.  Complete initial skills training and annual refresher training as described in Chapter 
7. Initial skills training will be successfully completed to gain access to the AF EONet. 
2.21.3.  Assist the installation EO director in providing guidance and assistance to commanders 
and other stakeholders in implementing this publication and relevant statutory and DoD and 
DAF policies and initiatives affecting the DAF EO Program. 
2.21.4.  Conduct  outreach  (e.g.,  Out  and  About  Program),  observations,  focus  groups, 
interviews, and other activities on EO related matters as described in this publication and as 
directed by the installation EO director. Refer to Chapter 9 for additional guidance. 
2.21.5.  Participate on installation CAT and serve as an EO liaison on working groups, advisory 
councils, integrated product teams, and other forums as directed by the installation EO director 
to represent the installation EO Program. 
2.21.6.  Collaborate with their respective integrated primary prevention workforce and other 
installation CAT members to support integrated prevention plans and activities where issues 
and topics are within the DAF EO Program purview as directed by the installation EO director. 
2.21.7.  Conduct all required EO trainings using standardized DAF EO training materials (e.g., 
curricula, lesson plans, etc.). Refer to Chapter 6 for additional guidance. 
2.21.8.  Assist the installation EO director with data calls, request for information, and other-
directed tasks to support statutory and policy reporting requirements, congressional inquiries, 
audits and review, and DoD and DAF senior leader inquiries within the DAF EO Program 
purview.  
2.21.9.  Provide Airmen and Guardians (military and civilian) general assistance and facilitate 
contacts, referrals, and warm hand-offs for non-EO issues to available and eligible resources 
or services with consent from the Airman or Guardian. 
2.21.10.  When engaging with Airmen and Guardians (military and civilian), inform them of 
the DAF EO Commitment of Service as described in Chapter 1 of this publication. 
2.21.11.  For  individuals  who  appear  emotionally  distraught  or  may  present  a  risk  to 
themselves or  others,  conduct person-to-person hand-offs  with  the  individual’s  immediate 
commander (and civilian equivalents) or designee (e.g., first sergeant). In emergency situations 
of imminent threat to self or to others, immediately notify the installation EO director and law 
enforcement for assistance and then notify the individual’s immediate commander (and civilian 
equivalents) or designee (e.g., first sergeant). Where there is no risk to the EO practitioners’ 
safety, do not leave the individual alone and conduct person-to-person warm hand-off when 
support arrives. 

50 DAFI36-2710 23 MAY 2024

2.21.12. Assist the installation EO director in processing and/or conducting EOTIs, IEOAS,

institutional discrimination complaints, MICT SACs, DAF Form 3018, EEOC 462 Report, and

other requirements described in this publication or as directed by the installation EO director.

2.21.13. Promote the DAF EO Program to respective installation military and civilian leaders

and all Airmen and Guardians (military and civilian). Publicize and prominently post DAF EO

policy, EEO and MEO complaint procedures, EO office contact information (e.g., telephone

and office location, and DAF Unlawful Discrimination and Harassment Hotline in installation

EO offices and other high traffic locations throughout the installation.

2.21.14. Enter all EEO and MEO complaint data in the AF EONet within three duty days from

when the EEO or MEO complaint was filed with an installation EO office. For extenuating

circumstances, such as system-wide or internet connectivity issues, this timeframe can be

extended up to five duty days from when the EEO or MEO complaint was filed. This includes

ensuring all data are accurate, complete, thorough, up-to-date, timely, and appropriately

formatted to comply with laws, regulations, and policies. Refer to Chapter 8 for additional

guidance.

2.21.15. Maintain and safeguard EEO and MEO complaint documentation to ensure

compliance with the Privacy Act of 1974, Freedom of Information Act, and other relevant laws

and regulations. Ensure all records will be kept in accordance with the Air Force Records

Disposition Schedule located in the Air Force Records Information Management System.

Refer to Chapter 8 for additional guidance.

2.21.16. Advise military members seeking assistance from the EO office of their eligibility to

receive victim advocacy services for sexual harassment through the SAPR office and that the

EO office can facilitate an in-person, virtual, or telephonic referral to the SARC SAPR VA

prior to the military member disclosing a sexual harassment allegation to the EO office to

preserve their restricted reporting option. This includes explaining to the military member that

the EO office cannot provide victim advocacy services and cannot take unrestricted or

restricted reports as well as that sexual harassment victim advocacy services through the SAPR

office does not replace the MEO complaint processes available to military members. Great

care will be taken to ensure that military members’ privacy is maintained, as appropriate and

permissible by law.

2.21.17. Will only release records to designated officials for official use purposes only with

prior approval from the installation EO director.

2.21.18. Comply with all laws, regulations, and policies, to include timelines and notification

requirements, as described in this publication when processing EEO and MEO complaints.

This includes collaborating with servicing legal, personnel, and other appropriate stakeholders

or organizations with equities to ensure compliance with legal, regulatory, and policy

requirements when processing EEO and MEO complaints.

2.21.19. Provide timely processing of EEO and MEO complaints while ensuring that

reasonable effort is made to resolve complaints at the lowest possible level at the earliest

possible time in accordance with laws, regulations, and policies as described in this

publication. This includes appropriately coordinating, documenting, and notifying of all EEO

and MEO complaint processing activities. Refer to Chapters 3 and 4 for additional guidance

for EEO and MEO complaint processing.

DAFI36-2710 23 MAY 2024 51

2.21.19.1. Process civilian EEO pre-complaints and formal complaints in accordance with

29 CFR Part 1614, EEOC MD 110, and as described in this publication. This includes

ensuring all required EEO complaint documentation and reports (e.g., counselor’s reports)

are completed per EEOC MD 110. Refer to Chapter 3 for additional guidance.

2.21.19.2. Process MEO informal, formal, and anonymous complaints in accordance with

DoD policies and as described in this publication. Refer to Chapter 4 for additional

guidance.

2.21.19.3. Advise complainants and aggrieved individuals of complaint processes and

NDR Program to resolve complaints and make the appropriate referrals in an effort to seek

a reasonable resolution of all complaint matters at the lowest possible level at the earliest

possible time.

2.21.19.4. Assist complainants and aggrieved individuals with determining the basis for

complaints, framing claims, and clarifying any ambiguities.

2.21.19.5. Serve as SME on DAF EO policy for all CDIs and other pertinent investigations

involving EO allegations or other issues under the EO Program purview. The EO

practitioners will no longer provide technical reviews of formal complaint of sexual

harassment investigated by SF independent investigators pursuant to the procedures in 10

USC § 1561. The EO practitioners will not conduct the CDIs or other investigations and

will not recommend whether to substantiate or not substantiate allegations or recommend

corrective, administrative, and/or disciplinary actions. Informal complaints of sexual

harassment will no longer automatically result in a CDI. Commanders will informally

resolve the concerns within their chain of command, in consultation with the SJA, and

notify EO offices of outcomes, unless a commander believes an investigation resulting in

a report is necessary to further the readiness of the unit.

2.21.19.6. Assist the installation EO director with informing appropriate level

commanders (and civilian equivalents) of EO related issues that may adversely affect an

Airman’s or Guardian’s behavior, health and wellness, duty performance, or mission

readiness, as appropriate.

2.21.20. Will not administer or implement the DEOCS or other CCAs responsibilities aligned

with the DAF integrated primary prevention workforce as described in DoDI 6400.11 and

DAFI 90-5001.

2.21.21. EO practitioners will prioritize and focus on implementing the installation EO

Program. Any activities that may diminish the effectiveness of EO practitioners in the

performance of their DAF EO responsibilities are not acceptable. The EO practitioner position

will not be combined with another position in the organization unless otherwise stated in this

publication. EO practitioners will not be constrained by additional duties that detract from their

primary EO responsibilities.

2.21.21.1. EO practitioners will not execute any duties that subsequently disqualify them

from or may cause a conflict of interest in conducting unbiased execution of the DAF EO

Program, to include processing EEO and MEO complaints in accordance with laws,

regulations, and policies. This includes not serving as SARCs; SAPR VAs; victim

advocates; AEPMs; SEPMs; DPMs; diversity and inclusion managers and personnel;

integrated primary prevention workforce; counter-insider threat liaison; servicing legal

52 DAFI36-2710 23 MAY 2024

office staff; any role within civilian personnel; or other duties that may cause a conflict of

interest. This also includes not executing countering insider threat or extremist activity

functions to include conducting training on these issue areas. EO practitioners will

prioritize and focus on implementing the DAF EO Program.

2.21.22. When deployed in the capacity of EO practitioners, implement EO responsibilities

and duties described in this publication to support Airmen and Guardians in deployed

environment. Refer to Chapter 4 for additional guidance.

2.22. Civilian Collateral Duty Equal Opportunity Practitioners (Civilian EEO

Counselors). Conducts only EEO complaints processing and will not conduct MEO complaint

processing, ADR assistance, or other DAF EO functions. Civilian collateral duty EO practitioners

will promptly refer individuals who require assistance outside of these areas to the installation EO

director, appropriate full-time EO practitioners, or NDR program manager. Civilian collateral duty

EO practitioners successfully complete required training to gain access to the AF EONet as

described in Chapter 7.

2.22.1. Civilian collateral duty EO practitioners who are also trained as mediators and meet

minimum qualifications per DAFI 51-1201 may provide ADR assistance, however civilian

collateral duty EO practitioners who processed the pre-complaint for an aggrieved individual

will not conduct ADR for the same aggrieved individual’s dispute pursuant to EEOC MD 110.

2.22.2. Assignment of collateral duties to civilian employees requires an addendum to the

employees’ position description. Installation EO directors will contact the local CPS for

assistance.

2.23. Installation Staff Judge Advocates (SJA). Provides legal advice to commanders at all

levels and staff agencies on EO related issues to include EEO and MEO complaints. Additionally,

SJAs will:

2.23.1. Conduct legal sufficiency reviews on all substantiated and not substantiated MEO

complaints and appeals. This includes providing the installation EO offices with a legal

sufficiency review memorandum on whether a preponderance of credible evidence supports a

violation of EO laws and policies.

2.23.2. Provide legal advice and guidance on civilian EEO pre-complaints process for

unlawful discrimination and harassment, and ADR matters to commanders, EO offices, CPSs,

and other appropriate offices.

2.23.3. Review interview outlines and questions drafted by installation EO offices and provide

recommendations and feedback for MEO formal complaint clarifications.

2.23.4. Review resolution and settlement agreements, including agreements resulting from

ADR proceedings, for legal compliance in the EEO pre-complaint process.

2.23.5. As applicable, review EEO claims for compensatory damages and attorney’s fees and

advise installation commanders on the amount to be paid and negotiate fee agreements with

opposing parties.

2.23.6. Prepare briefs, motions, and other appellate pleadings as appropriate, in support of the

DAF position in appeals or requests for reconsideration. As applicable, ensure that briefs and

other appellate pleadings reach AFCARO at least 10 calendar days before the due date to the

DAFI36-2710 23 MAY 2024 53

EEOC Office of Federal Operations (EEOC/OFO). Coordinate any changes and revisions to

briefs and pleadings with AFCARO, as necessary.

2.23.7. Conduct initial appropriateness (suitability) determination for the use of alternative

resolution for EEO and MEO complaints as outlined in DAFI 51-1201. Refer to Chapter 3 and

4 for additional information.

2.24. Installation Civilian Personnel Section (CPS). Provides technical expertise on civilian

personnel matters and provides personnel documents as required by the installation EO offices.

Installation CPS will:

2.24.1. Coordinate on proposed and final civilian EEO settlement agreements requests that

involve administrative or personnel actions to ensure regulatory compliance in coordination

with AFPC. Refer to Chapter 3 for additional guidance.

2.24.2. Review the claims and bases of EEO formal complaints to ensure the claims have not

also been raised as a formal complaint under the negotiated grievance or Merit Systems

Protection Board procedures and notify the installation EO office in writing on this matter.

Complaints with claims previously filed in the administrative grievance procedure will not be

dismissed for this reason.

2.24.3. Ensure DAF civilian employees, supervisors, and managers provide full cooperation

to EEO officials and investigators, EEOC officials, and DAF legal representatives on inquiries,

investigations, or other official proceeding in accordance with applicable laws and policies.

2.24.4. Coordinate on proposed reasonable accommodation requests that involve

administrative or personnel actions to ensure regulatory compliance with AFPC.

2.24.5. Ensure AEPM duties are properly outlined in standard core documents and/or official

personnel documents and includes an addendum or position description in the official

personnel folder for SEPMs.

2.24.6. Support AEP and SEP activities as appropriate in support of EEO, diversity and

inclusion, to include establishing procedures for hiring individuals with disabilities, including

those with targeted disabilities; encourage managers and supervisors to use the Schedule A

hiring procedures and the Noncompetitive Appointment of Thirty Percent (30%) or More

Compensable Veterans’ appointing authority to hire qualified compensable veterans. On select

installations, AFPC operating locations will work with installation CPS in executing the above.

2.24.7. Encourages hiring managers to use the Schedule A, 5 CFR § 213.3102(u) appointing

authority to hire qualified individuals with disabilities. Manages the repository for Schedule A

applicants to include reviews applicants’ eligibility under Schedule A, conducts qualification

determinations, and make referrals as appropriate.

54 DAFI36-2710 23 MAY 2024

Chapter 3

CIVILIAN EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROGRAM

3.1. Overview. The Department of the Air Force (DAF) civilian equal employment opportunity

(EEO) complaint program implements federal laws (Title VII of the Civil Rights Act (42 U.S.C.

2000e et seq.), the Age Discrimination in Employment Act (ADEA) (29 U.S.C. 621 et seq.), the

Equal Pay Act (29 U.S.C. 206(d)), the Rehabilitation Act (29 U.S.C. 791 et seq.), the Genetic

Information Nondiscrimination Act (GINA) (42 U.S.C. 2000ff et seq.)), Equal Employment

Opportunity Commission (EEOC) regulations, and Department of Defense (DoD) policies on

unlawful discrimination and discriminatory harassment (including sexual harassment) against

DAF civilian employees, former employees, and applicants for employment on the basis(es) of

race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national

origin, disability, age (over 40), genetic information, or retaliation for prior equal opportunity (EO)

activity. The goal is to allow individuals the opportunity to attempt to resolve concerns at the

lowest organizational level at the earliest possible time.

3.1.1. The DAF EEO complaint program fosters an environment of dignity, respect, and

nondiscrimination where civilian employees are afforded the opportunity to participate in, and

benefit from, programs and activities for which they are qualified so that they may perform at

their highest potential and advance in accordance with their abilities.

3.1.2. The DAF EEO complaint program provides timely, fair, and impartial services such as

complaint processing, outreach, training and education, assistance through alternative dispute

resolution (ADR), and other related services. This includes ensuring DAF civilian employees

are equipped with knowledge about and have access to available resources such as trained EO

practitioners and the DAF Unlawful Discrimination and Harassment Hotline.

3.1.3. Complaints alleging retaliation prohibited by the noted federal laws in paragraph 3.1

are considered to be complaints of discrimination pursuant to 29 CFR § 1614.103.

3.1.4. Harassment allegations that are not based on a protected class (i.e., race, color, religion,

sex (including pregnancy, gender identity, and sexual orientation), national origin, disability,

age (over 40), genetic information) as described in DoD Instruction (DoDI) 1020.04,

Harassment Prevention and Responses for DoD Civilian Employees, are handled in

accordance with DAF Instruction (DAFI) 36-147, Civilian Conduct and Responsibility. For

assistance or additional information, DAF civilian employees are encouraged to contact their

servicing DAF civilian personnel section (CPS).

3.2. Applicability. DAF civilian employees, former employees, and applicants for employment

who meet criteria per 29 CFR Part 1614 may file EEO pre-complaints (informal) and formal

complaints through the processes outlined in this chapter.

3.2.1. Air Force Reserve (AFR) members in a technician status, as a civilian employee, are

eligible to file EEO complaints following the process described in this chapter. For AFR

members on Title 10 status, refer to the military equal opportunity (MEO) program in Chapter

4 of this publication.

3.2.2. Air National Guard (ANG) installation EO offices do not process EEO complaints and

will forward all EEO matters to the state equal employment manager (SEEM) to process in

accordance with National Guard Bureau policy.

DAFI36-2710 23 MAY 2024 55

3.2.3. Under Federal law and EEOC regulations, independent contractors and contingent

employees are not eligible to file EEO complaints under this publication and must file a charge

of discrimination against their non-Federal employer directly with the EEOC. Exceptions and

common law agency testing for this policy exist; see Ma v. Department of Health and Human

Services, EEOC Appeal No. 01962390 (29 May 1998) and Complainant v. Department of the

Air Force, EEOC Appeal No. 0120142407 (28 January 2015).

3.2.4. When an individual alleges unlawful discrimination and/or discriminatory harassment

(including sexual harassment) in a multi-service case, complaint processing, to include EEO

counseling, are determined by all agencies involved in the case consistent with the Deputy

Secretary of Defense Memorandum, Responsibility for Equal Employment Opportunity

Complaints Arising in Combatant Command Areas of Responsibility, dated 26 June 2023.

3.3. Complaint Process and Timelines Overview. The EEO complaint process begins when a

DAF civilian employee, former employee, or applicant for employment who meet criteria pursuant

to 29 CFR Part 1614 (here after referred to as aggrieved individual) who believes they have been

subjected to unlawful discrimination and/or discriminatory harassment meets with an EO

Practitioner to address their concerns. The aggrieved individual must contact an EO Practitioner

within 45 calendar days of the matter alleged to be discriminatory or, in the case of personnel

action, within 45 calendar days of the effective date of the action. (T-0) The 45-calendar day time

limit for pre-complaints may be extended for reasons outlined in 29 CFR § 1614.105(a)(2). (T-0)

Failure to contact an EO practitioner within 45 calendar days may result in dismissal of the formal

complaint. (T-0)

3.3.1. Pre-Complaint. Prior to a formal complaint being filed, EO practitioners will attempt to

informally resolve the matter with aggrieved individuals. (T-0) Through the pre-complaint

(informal) process, aggrieved individuals will be provided information about the EEO

complaint process (e.g., timeframes, appeal procedures, etc.) as well as advised of their rights

and responsibilities in the EEO complaint process. (T-0) Aggrieved individuals will be

provided the option of pre-complaint counseling or to participate in an ADR process. (T-0)

3.3.2. Formal Complaint. If the matter could not be resolved during the pre-complaint process

or prescribed timelines have passed, aggrieved individuals have the right to file a formal

complaint to formally present claims of discrimination through the installation EO office. The

pre-complaint process is a prerequisite to filing a formal complaint. (T-0) Upon filing a formal

complaint, the aggrieved person is now referred to as a complainant. The formal complaint

will be investigated by the Department of Defense’s (DoD) Investigations and Resolutions

Directorate (IRD). (T-0)

3.3.3. For additional information on the EEO complaint process, DAF civilians are

encouraged to review this chapter in entirety as well as encouraged to seek assistance from

their installation EO office, by calling the Unlawful Discrimination and Harassment Hotline

(1-888-231-4058), and/or visiting the DAF EO public website at https://www.af.mil/Equal-

Opportunity/.

3.4. Anonymity. Aggrieved individuals who engage with the installation EO office on the EEO

complaint process have the right to anonymity up until filing a formal complaint. (T-0) Aggrieved

individuals will not have their identity revealed except when authorized to do so by the aggrieved

individual in writing, or until the agency has received a formal discrimination complaint from that

individual involving that same matter. (T-0) If the installation EO office receives a complaint

56 DAFI36-2710 23 MAY 2024

where the complainant is unidentifiable, further complaint processing is not required. (T-1)

Aggrieved individuals agree to waive their anonymity when they agree to use an ADR process.

(T-0) The DAF EO Program will also ensure the privacy of the aggrieved individual is protected

to the extent permitted by laws and regulations notwithstanding 29 CFR Part 1614 requirements.

(T-0)

3.5. Aggrieved Individuals and Complainants Rights and Responsibilities. When engaging

with the DAF EO Program, DAF civilian employees, former employees, and applicants for

employment who meet criteria per 29 CFR Part 1614 will be afforded robust and high-quality EEO

complaint processing services and will receive assistance consistent with the DAF EO

Commitment of Service as described in Chapter 1, and will be provided their rights and

responsibilities pursuant to 29 CFR § 1614.105(b)(1) as described on the EEO Complaint Intake

template, and throughout this chapter. (T-0) This includes ensuring that under no circumstances

will an installation EO office dissuade an individual from filing an EEO complaint or forgoing the

use of ADR when applicable. (T-0) In addition, aggrieved individuals and complainants will

ensure they:

3.5.1. Promptly file complaints as early as possible to help ensure better and timely access to

pertinent information regarding the complaint and avoid delays in DAF’s ability to prevent,

intervene, and/or correct behaviors. (T-1)

3.5.2. Provide in writing sufficiently precise information to identify the aggrieved individual

and the actions or practices that form the basis of the complaint. This includes providing a

telephone number and address where the complainant or the representative can be contacted.

(T-0)

3.5.3. Cooperate and respond in a timely manner, to the greatest extent possible, to requests

by the installation EO office and/or investigators during the EEO complaint process when

additional and pertinent information that may be needed. (T-0)

3.6. Impartiality. Installation EO directors and EO practitioners will provide timely, fair, and

impartial EEO complaint processing services. (T-0) This includes ensuring that aggrieved

individuals, complainants, and others involved in a EEO complaint are treated with dignity and

respect where installation EO directors and EO practitioners maintain high personal and

professional standards and withhold opinion or judgment against the individuals they interact with

as part of the complaint processing. (T-1)

3.6.1. Installation EO directors and EO practitioners serve in neutral roles and therefore will

not advocate for or represent the DAF as the agency or complainants in the EEO complaint

process. (T-0)

3.6.2. Installation EO directors and EO practitioners will immediately report any perceived or

actual conflicts of interest on any EEO complaint to their respective installation EO Director

or MAJCOM/FLDCOM EO functional manager to determine whether reassigning complaint

processing duties is warranted. (T-1) Refer to paragraph 3.27 for additional information on

conflicts of interest.

3.6.3. EO Practitioners will not conduct investigations into claims in which they provided pre-

complaint counseling to aggrieved individuals or any investigations on any EEO complaint or

other disputes outside of the DAF EO Program purview as this can create a perception of bias

and potentially confuse individuals with regard to the purpose of the pre-complaint counseling

DAFI36-2710 23 MAY 2024 57

process. (T-0) Formal EEO complaint investigations will be conducted by the DoD’s IRD as

described in DoDI 1400.25 Volume 1614, DoD Civilian Personnel Management System:

Investigation of Equal Employment Opportunity (EEO) Complaints. (T-0)

3.7. Connect to Care Approach. The DAF EO Program is a helping agency committed to

providing robust and high-quality EEO assistance to DAF civilians and is a stakeholder in fostering

the DAF’s “Connect to Care” Approach to help ensure Airmen and Guardians (military and

civilians) are provided and/or connected to comprehensive and appropriate support services (e.g.,

Employee Assistance Program [EAP]) where eligible. While the DAF EO Program does not

provide victim advocacy services, installation EO offices can provide referrals/warm hand-offs for

DAF civilians, with the DAF civilian’s consent, with the most appropriate DAF helping agency to

support their needs where eligible. (T-0) Refer to paragraph 3.32 for additional information on

non-EO contact referrals and paragraph 3.33 on warm hand-offs. Refer to DAFI 90-5001,

Integrated Resilience, and DAFI 90-6001, Sexual Assault Prevention and Response (SAPR)

Program, for more information on the Connect to Care Approach.

3.8. Safeguarding Privacy. Installation EO directors and EO practitioners will maintain the

privacy of complainants on information disclosed during EEO complaint processing where

permissible by law and/or policy. (T-1) Installation EO Directors will only disclose or release EEO

complaint information to individuals with an official need to know as part of their official duties

when disclosure or release is authorized in writing by the appropriate decision authority or where

permissible or required by law or regulation. (T-0) Refer to Chapter 8 for additional guidance.

3.9. Intake and Initiation of the EEO Complaint Process. Installation EO directors and EO

practitioners will ensure proper acceptance and processing of EEO complaints when engaging with

DAF civilian employees, former employees, and applicants for employment who meet criteria per

29 CFR Part 1614 seeking assistance. (T-0) This begins with conducting a limited inquiry with the

aggrieved individual to determine whether it is appropriate for the DAF EO Program to process

the complaint pursuant to 29 CFR Part 1614. (T-0) This includes determining whether there may

be issues relating to the timeliness of the aggrieved individual contacting the installation EO office

and obtaining information relating to this issue. (T-0) This also includes obtaining enough

information concerning the claim(s) and basis(es) so as to determine if special procedures apply

as well as enable the DAF to properly identify the legal claim raised if the individual files a formal

complaint at the conclusion of the EEO counseling process. (T-0) For independent contractors and

contingent employees bringing claims, installation EO directors and EO practitioners will consult

with their servicing staff judge advocate (SJA) to determine if exceptions apply to allow an

independent contractor and contingent employee to file an EEO complaint with the DAF pursuant

to EEOC Appeal No. 01962390 and No. 0120142407. (T-1) Refer to paragraph 3.2.3 for

additional information.

3.9.1. EO practitioners will utilize the EEO Complaint Intake template to initiate the pre-

complaint process and provide the aggrieved individual information about the EEO complaint

process (e.g., timeframes, appeal procedures, etc.), the applicable rights of the aggrieved

individual, and conduct other requirements as described on the EEO Complaint Intake template

and pursuant 29 CFR Part 1614, EEOC Management Directive (MD) 110, Federal Sector

Complaints Processing Manual, and this publication. (T-0) EO practitioners will also ensure

all required documentation and templates are completed as described throughout this chapter

from initiation to completion of EEO complaints. (T-1) For operational guidance and

additional resources (e.g., templates), refer to the AFPC EO Operations SharePoint at

58 DAFI36-2710 23 MAY 2024

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.9.2. When an aggrieved individual brings claims that require assistance from another

installation EO office or involves other organizations and agencies such as but not limited to

MAJCOM/FLDCOMs, forward operating agencies, direct reporting units, and other military

services or defense agencies, EO practitioners will notify their installation EO director who

will engage their MAJCOM/FLDCOM EO functional manager for assistance on determining

how to proceed in complaint processing. (T-1) MAJCOM/FLDCOM EO functional manager

will contact AFPC EO Operations for guidance and assistance as appropriate. (T-1) If the

responsible management official involved is the Adjutant General of a state or is a member of

the National Guard in Title 32 status, the EO practitioner will refer the matter to the NGB-

DEI-CMA.

3.9.3. The EEO complaint process timeline is initiated when the aggrieved person initiates

contact with an EO practitioner and states an intent to begin the EEO complaint process. (T-0)

The EEO Complaint Intake template will document the date of when the complaint process

was initiated. (T-1)

3.9.4. Before an initial pre-complaint processing session, EO practitioners will advise the

aggrieved individual of their right to be accompanied, advised, and represented by a

representative at any stage in the complaint process, including the counseling stage, and

explain the reasonable accommodation(s) available throughout the EEO complaint process.

(T-0) EO practitioners will make clear to the aggrieved individual that EO practitioners are not

an advocate for either the aggrieved individual or the agency, but acts strictly as a neutral in

the EEO complaint process. (T-0)

3.9.5. General Assistance/Equal Employment Opportunity Contact. When an aggrieved

individual engages EO practitioners for the purpose of obtaining information about, or has

articulated a claim, but does not elect to initiate the pre-complaint process, EO practitioners

will inform aggrieved individuals that they have 45 calendar days from the date of the alleged

unlawful discrimination and/or discriminatory harassment, or in the case of personnel action,

45 calendar days from the effective date of the action, to initiate the pre-complaint process and

may return any time within 45 calendar day period and elect to initiate the pre-complaint

process. (T-1) EO practitioners will document an aggrieved individual’s declination to initiate

the pre-complaint process in the designated section of the EEO Complaint Intake template.

(T-1) EO practitioners will document this as a contact in the [Department of the] Air Force

Equal Opportunity Network (AF EONet) within three duty days. (T-1)

3.9.6. Claims Not Involving Unlawful Discrimination and Discriminatory Harassment. When

a DAF civilian employee, former employee, and applicant for employment allegations do not

involve unlawful discrimination and/or discriminatory harassment as outlined in this

publication, installation EO directors and EO practitioners will offer other alternatives for

redress where available. (T-0) For DAF civilians, installation EO directors and EO

practitioners can provide referrals/warm hand-offs, with the DAF civilian’s consent, with the

most appropriate DAF helping agency to support their needs where eligible. (T-0) Non-EO

contact referrals will be documented in the AF EONet on a DAF Form 1271 as a non-EO

assistance. (T-1) Specific EEO claims presented by DAF civilians will not be documented on

DAFI36-2710 23 MAY 2024 59

DAF Form 1271. (T-1) Refer to paragraph 3.32 for additional information on non-EO contact

referrals and paragraph 3.33 on warm hand-offs.

3.10. Pre-Complaint Process. Prior to a formal complaint being filed, EO practitioners will

attempt to informally resolve the matter with aggrieved individuals. (T-0) Through the pre-

complaint (informal) process, aggrieved individuals will be provided information about the EEO

complaint process (e.g., timeframes, appeal procedures, etc.) as well as advised of their rights and

responsibilities in the EEO complaint process. (T-0) EO practitioners will process all claims

through the pre-complaint process, regardless of timeliness, merit, or other considerations for an

aggrieved individual to which this publication is applicable. (T-0) Under no circumstances will

EO practitioners attempt to dissuade an aggrieved individual from filing a complaint or forgoing

the use of ADR when appropriate. (T-0)

3.10.1. Notice of Rights and Responsibilities. At the initial pre-complaint counseling session,

EO Practitioners will advise aggrieved individuals in writing of their rights and responsibilities

in the complaint process pursuant to 29 CFR § 1614.105(b)(1) and as outlined in the Notice of

Rights and Responsibilities section of the EEO Complaint Intake template. (T-0) Use of the

EEO Complaint Intake template is mandatory for the DAF pre-complaint process. (T-1) EO

practitioners will also advise aggrieved individuals of their right to remain anonymous

throughout the pre-complaint process pursuant to 29 CFR § 1614.105(g). (T-0) EO

practitioners shall not reveal the identity of an aggrieved individual who consulted the EO

practitioner, except when authorized to do so by the aggrieved individual in writing, or until

the agency has received a formal discrimination complaint from that individual involving that

same manner (T-0) For additional information and resources on rights and responsibilities,

refer to the EEOC MD 110 Appendix C, EEO-MD-110 EEO Counselor Checklist, as well as

the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.10.2. At the initial EEO counseling session, EO practitioners will advise aggrieved

individuals of their right to choose between the DAF’s ADR process or EEO pre-complaint

counseling, where the DAF agrees to offer ADR in a particular case, and information about

each procedure pursuant to 29 CFR § 1614.105(b)(1) and as outlined in the EEO Complaint

Intake template. (T-0) Refer to paragraph 3.11 for additional information on ADR.

3.10.2.1. EEO counseling generally will involve EO practitioners first identifying the

aggrieved individual’s claim(s) and basis/bases and then conducting a limited inquiry to

gather pertinent information from sources other than the aggrieved individual and agency

representative to attempt resolution, such as gathering personnel records and/or other

written documentation and/or conducting witness interviews with individuals who have

direct knowledge of a particular situation. (T-0) The limited inquiry will also be used to

obtain information for settlement purposes if the aggrieved individual chooses EEO

counseling over ADR or does not have the option to choose between EEO counseling and

ADR. (T-0)

3.10.2.1.1. While the scope of the limited inquiry will vary based on the complexity

of the claims, the limited inquiry will not substitute for the in-depth fact-finding

required in the investigative stage of formal complaint process. (T-0)

60 DAFI36-2710 23 MAY 2024

3.10.2.1.2. If the aggrieved individual or agency personnel raise objections to the

scope or nature of the limited inquiry or if EO practitioners has problems with the

limited inquiry, EO Practitioners will seek guidance and assistance from the installation

EO director. (T-0)

3.10.2.1.3. Since limited inquiries are conducted informally and do not involve sworn

testimony or extensive documentation, EO practitioners will not make findings on the

claim of discrimination and will not imply to the aggrieved individual that their

interpretation of the claims of the case constitutes an official finding of the agency on

the claim of discrimination. (T-0)

3.10.2.1.4. For addition information and resources on EEO counseling, refer to the

EEOC MD 110 Appendix B, EEO-MD-110 EEO Counseling Techniques, as well as

the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx, and/or contact your

respective MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.10.3. Timely Pre-Complaint Processing. When an aggrieved individual states their intent to

file a complaint, this initiates the 30-calendar day pre-complaint processing timeline. (T-0)

The initial date of contact from the aggrieved individual with an installation EO office does

not automatically start the pre-complaint processing period if the intent to begin the EEO

complaint process is not stated. (T-1) Non-availability of the EO practitioner does not extend

the 30-day processing timeline. (T-0)

3.10.3.1. EO Practitioners will complete pre-complaint counseling within 30 calendar

days. (T-0) If the matter has not been resolved before the conclusion of the 30-calendar

day period, EO practitioners will conduct the final interview and issue a Notice of Right to

File a Formal Complaint and DD Form 2655, Complaint of Discrimination in the Federal

Government, unless the aggrieved individual agrees to a longer counseling period as

described in paragraph 3.10.3.2 or chooses an ADR procedure as described in paragraph

3.10.3.3. (T-0)

3.10.3.2. Prior to the end of the 30-calendar day period, the aggrieved individual may

agree in writing with the DAF to postpone the final interview and extend the counseling

period for an additional period of no more than 60 calendar days pursuant to 29 CFR §

1614.105(e). (T-0) If the matter has not been resolved before the conclusion of the agreed

extension, EO practitioners will conduct the final interview and issue a Notice of Right to

File a Formal Complaint and DD Form 2655. (T-0)

3.10.3.3. Where the aggrieved individual chooses to participate in an ADR procedure

pursuant to 29 CFR § 1614.105(b)(2) and § 1614.105(f), the pre-complaint processing

period shall be 90 calendar days. (T-0) If the claim has not been resolved before the 90-

calendar day period, EO practitioners will conduct the final interview and issue a Notice

of Right to File a Formal Complaint and DD Form 2655. (T-0) At no time will pre-

complaint processing go beyond 90 calendar days. (T-0)

3.11. Alternative Dispute Resolution in the Pre-Complaint Complaint Process. It is DAF

policy to utilize ADR to the maximum extent practicable and appropriate as prescribed in DAFPD

51-12, Negotiation and Dispute Resolution, and DAFI 51-1201, Negotiation and Dispute

Resolution Program. ADR involves techniques or procedures that are used to prevent the

DAFI36-2710 23 MAY 2024 61

escalation of workplace conflict through the use of neutral third parties to assist the parties in

resolving their dispute(s), and ensure long lasting, effective solutions toward mission

accomplishment. ADR often produces outcomes that are more efficient and effective than

traditional adversarial methods of dispute resolution by offering the parties the opportunity for an

early, informal and mutual resolution of disputes. Every effort will be made to resolve workplace

disputes at the earliest stage possible, by the fastest and least expensive method feasible, at the

lowest organizational level achievable. (T-0) Acceptable forms of ADR for use in the DAF are

detailed in DAFI 51-1201. Note: “NDR” refers to the name of the program – the Negotiation and

Dispute Resolution Program and “ADR” represents the spectrum of tools available for the

resolution of conflict in the workplace.

3.11.1. Installation EO directors and the NDR managers at each installation will communicate

and collaborate to properly promote ADR in the DAF EO Program. (T-1)

3.11.2. Installation EO directors will ensure if ADR is elected by the aggrieved individual

during the pre-complaint process that EO practitioners implement procedures outlined in

EEOC MD 110 Chapter 3, Alternative Dispute Resolution for EEO Matters. (T-0) While 29

CFR § 1614.102(b)(2) directs agencies to establish or make available ADR available for both

the pre-complaint process and the formal complaint process, this publication addresses ADR

for pre-complaints as DAF formal complaints are investigated by the DoD’s IRD as described

in DoDI 1400.25 Volume 1614. (T-0) Nothing precludes the IRD from incorporating ADR

techniques into their investigative efforts to promote early resolution of complaints. Refer to

paragraph 3.21 for additional information.

3.11.3. Offering Alternative Dispute Resolution. EO practitioners will advise aggrieved

individuals who have elected pre-complaint processing that they may voluntarily choose

between participation in ADR and EEO counseling pursuant to 29 CFR § 1614.105(b)(2),

provided that the complaint is deemed suitable for resolution by the SJA. (T-0) EO

practitioners will not decline to offer ADR in particular cases solely because of the bases

involved (i.e., race, color, religion, sex, national origin, age, disability, genetic information, or

retaliation). (T-0)

3.11.3.1. EO practitioners will coordinate with the installation SJA to ensure the aggrieved

individual’s claim(s) was properly screened and found appropriate for ADR before offering

ADR to the aggrieved individual. (T-0) In the EEO pre-complaint process, the SJA has the

responsibility of making the initial appropriateness (suitability) determination as outlined

in DAFI 51-1201. (T-1) Refer to EEOC MD 110, Chapter 3 and DAFI 51-1201 for

additional guidance on screening.

3.11.3.2. EO Practitioners will advise and assure aggrieved individuals that if they

participate in ADR, they are free to end ADR at any time and that they retain the right to

proceed with the administrative EEO complaint process (i.e., EEO counseling) if they

prefer that process to ADR and resolution has not been reached. (T-0) EO practitioners will

advise aggrieved individuals that no one can force a resolution on them, not agency

management, EEO officials, or the third-party neutral. (T-0)

3.11.3.3. EO practitioners will advise aggrieved individuals that while anonymity is not

possible in ADR, confidentiality is essential to the success of ADR proceedings. (T-0) EO

practitioners will inform aggrieved individuals that neutrals will maintain the

confidentiality of all information obtained during ADR, unless otherwise agreed to by the

62  DAFI36-2710  23 MAY 2024 
parties or disclosure is required by applicable law or policy, including the confidentiality 
provisions of the Administrative Dispute Resolution Act of 1996. (T-0) For additional 
information on confidentiality in ADR, refer to EEOC MD 110 Chapter 3 and DAFI 51-
1201. 
3.11.3.4.  EO practitioners will advise aggrieved individuals of their rights to utilize ADR 
in writing as outlined in the DAF NDR Program Notice section of the EEO Complaint 
Intake template. (T-0) Use of the EEO Complaint Intake template is mandatory for the 
DAF pre-complaint process. (T-1) EO practitioners will advise aggrieved individuals that 
ADR may be elected at any point in the DAF pre-complaint process prior to the completion 
of the limited inquiry process and within prescribed timelines. (T-0) Regardless of when 
an aggrieved individual elects ADR during the pre-complaint process, the maximum pre-
complaint  processing  period  will  not  exceed  90  calendar  days  pursuant  to  29  CFR  § 
1614.105(f) and EEOC MD 110 Chapter 2. (T-0) 
3.11.3.5.  If the aggrieved person chooses to participate in ADR, EO practitioners will not 
attempt  to  resolve  the  matter.  (T-0) Once  the  aggrieved  person  selects  ADR,  the  EO 
practitioner will complete the intake functions of counseling (i.e., obtaining information 
needed to determine the basis(es), claim(s), timeliness, and desired redress) and refer the 
concerns for ADR processing. (T-1) Upon completion of the intake functions and referring 
the concerns for ADR, the EO practitioner conducting the pre-complaint processing will 
not have any further involvement in resolving the matter until they learn the ADR outcome. 
(T-0) 
3.11.4.  Provision  of  Alternative  Dispute  Resolution.  Installation  EO  directors  will  ensure 
aggrieved individuals who elect ADR are provided the services of an NDR practitioner who is 
trained pursuant to EEOC MD 110 Chapter 3 and DAFI 51-1201. (T-0)  
3.11.4.1.  The  EO  practitioner  who  processed  the  pre-complaint  (e.g.,  providing  EEO 
counseling) for an aggrieved individual will not conduct ADR for the same aggrieved 
individual’s dispute pursuant to EEOC MD 110 Chapter 3 Section V, Neutrals. (T-0) The 
installation EO director will designate another EO practitioner who is certified as an NDR 
practitioner to conduct ADR to ensure the integrity and neutrality of the NDR Program. 
(T-0) The EO practitioner that processed the pre-complaint maintains overall responsibility 
for the complaint. (T-1) The installation EO director may also request a third-party neutral 
from the DAF NDR Program or DoD IRD. (T-1) Expenses for contract neutrals or DAF 
neutrals brought on temporary duty will be funded locally or the DAF NDR Program office 
may provide support at no cost to the installation upon request. (T-1) 
3.11.4.2.  NDR practitioners (also referred to as mediators) who are not EO practitioners 
may be used to conduct ADR as long as they are trained, certified, and meet minimum 
qualifications pursuant to EEOC MD 110 Chapter 3 and DAFI 51-1201 and are listed on 
an active NDR roster. (T-1) Refer to DAFI 51-1201 for additional guidance. 
3.11.5.  Management  Participation.  Once  the  agency  has  determined  that  a  matter  is 
appropriate for ADR, management official participation in ADR is required in accordance with 
DAFI 51-1201, Attachment 4. Leaders/managers (and equivalents) have a duty to cooperate in 
the ADR process, but may not be the agency official that has settlement authority pursuant to 
EEOC MD  110,  Chapter  2  Section  I,  Introduction.  When the  agency  determines it  to be 
appropriate to offer ADR to an aggrieved individual, there is no conflict with voluntariness 

DAFI36-2710 23 MAY 2024 63

when the agency requires the responsible management official to participate since they are not

a party and is not the agency official with settlement authority as outlined in EEOC MD 110

Chapter 3 Section II, Core Principles of EEO ADR.

3.11.6. Successful Alternative Dispute Resolution Outcomes. EO practitioners will advise

aggrieved individuals that if the dispute(s) is resolved during the ADR process, the terms of

the agreement must be in writing, clearly identify the claims resolved, and be signed by both

parties pursuant to 29 CFR § 1614.603. (T-0) Refer to paragraph 3.20 for additional

information on settlements.

3.11.7. Unsuccessful Alternative Dispute Resolution Outcomes. EO practitioners will advise

the aggrieved person that if ADR does not resolve the dispute(s), or if the matter is not resolved

within 90 calendar days as described in 3.10.3.3, the aggrieved person will receive a final

interview and Notice of Right to File a Formal Complaint and DD Form 2655 explaining how

to file a formal complaint. (T-0) EO practitioners will complete the counselor’s report. (T-0)

3.12. Final Interview and Notice of Right to File a Formal Complaint. When an informal

resolution does not occur at the conclusion of the pre-complaint process, the dispute has not been

resolved to the satisfaction of the aggrieved individual, or the pre-complaint timelines have passed,

EO practitioners will conduct a final interview with the aggrieved individual to conclude the pre-

complaint process. (T-0)

3.12.1. During the final interview, EO practitioners will discuss what occurred during the EEO

counseling process in terms of attempts at resolution, provide the aggrieved individual with

information to move the matter forward, and answer any questions the aggrieved individual

may have as described in EEOC MD 110 Chapter 2. (T-0)

3.12.2. During the final interview, EO practitioners will provide aggrieved individuals with a

Notice of Right to File a Formal Complaint and a DD Form 2655, Complaint of Discrimination

in the Federal Government, and advise aggrieved individuals that they have the right to pursue

their claim further through the formal complaint procedure as described in EEOC MD 110

Chapter 2. (T-0) For a letter template, refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.12.3. EO practitioners will advise aggrieved individuals that a formal complaint must be

filed with the installation EO office within 15 calendar days of receipt of the Notice of Right

to File a Formal Complaint. (T-0) This includes advising aggrieved individuals that their

formal complaint must be in writing; must be specific with regard to the claim(s) that the

aggrieved individual raised in EEO counseling, and that the person wishes to pursue; and must

be signed by the complainant or complainant's attorney. (T-0) EO practitioners will not attempt

to dissuade the aggrieved individual from filing a formal complaint. (T-0) Refer to EEOC MD

110 Chapter 2 for additional information.

3.12.4. EO practitioners will conduct final interviews face-to-face to the greatest extent

possible. (T-1) If face-to-face final interview is not possible, the Notice of Right to File a

Formal Complaint and DD Form 2655 will be sent via certified mail with a return receipt.

(T-1) Encrypted email with delivery and read receipt can be used for aggrieved individuals

with an official government email address. (T-1)

64 DAFI36-2710 23 MAY 2024

3.13. Counselor’s Report. EO practitioners will submit a written counselor’s report to the

installation EO director within five calendar days from the date a Notice of Right to File a Formal

Complaint is provided to the aggrieved individual. (T-1) Installation EO directors will ensure that

the complainant is provided a copy of the counselor’s report within 15 calendar days after receiving

complainant’s formal complaint pursuant to 29 CFR § 1614.105(c). (T-0) The counselor’s report

will include information outlined in EEOC MD 110 Chapter 2, Section IX, The EEO Counselor's

Report. (T-0) Refer to EEOC MD 110 Appendix H, EEO-MD-110 EEO Counselor’s Report 29

CFR § 1614.105, for a sample counselor’s report. For operational guidance and additional

resources (e.g., templates), refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.14. Sexual Harassment Complaints. DAF civilian employees, former employees, and

applicants for employment may use the EEO complaint process pursuant to 29 CFR Part 1614 and

EEO complaint procedures as described in EEOC MD 110 and this chapter to resolve sexual

harassment allegations. (T-0) DAF civilian employees will also have an investigation process

available through an independent investigation of formal complaints of sexual harassment pursuant

to the procedures in 10 United States Code (USC) § 1561, Complaints of sexual harassment:

investigation by commanding officers, along with the EEO complaint process option. (T-0) The

independent investigation process pursuant to the procedures in 10 USC § 1561 does not apply to

former employees and applicants for employment. (T-0) The independent investigation process

applies to appropriated funds DAF civilian employees (excluding nonappropriated funds) as

defined under 5 USC § 2105, Employee. (T-0).

3.14.1. When a DAF civilian employee makes contact with an EO practitioner and alleges

sexual harassment, the EO practitioner will advise the DAF civilian employee of their right to

file an EEO complaint pursuant to 29 CFR Part 1614. (T-0) EO practitioners will also advise

the DAF civilian employee of their right to file a formal complaint of sexual harassment

pursuant to the procedures in 10 USC § 1561 for an independent investigation. The EO

practitioner will advise the DAF civilian employee that the independent investigation process

is separate and distinct from the EEO complaint process pursuant to 29 CFR Part 1614. (T-1)

EO practitioners will advise the DAF civilian employee that they can file an EEO complaint,

a formal complaint seeking an independent investigation pursuant to the procedures in 10 USC

§ 1561, or both. (T-0) If the DAF civilian employee elects both options, the EO practitioner

will inform the DAF civilian employee that both processes will be conducted concurrently and

that the independent investigation pursuant to the procedures in 10 USC § 1561 will be referred

to security forces (SF) for an investigation. (T-0) A formal complaint filed pursuant to the

procedures in 10 USC § 1561 is not dependent on or the same as a formal complaint filed under

29 CFR Part 1614, but can be filed at any time, to include during the EEO complaint process

pursuant to 29 CFR Part 1614. (T-0)

3.14.1.1. An independent investigation pursuant to the procedures in 10 USC § 1561 does

not replace or substitute requirements in the EEO complaint process pursuant to 29 CFR

Part 1614 and is a separate and distinct process. (T-0) Monetary damages are not available

through the independent investigation process pursuant to the procedures in 10 USC §

1561. (T-0) There are no timeline requirements for DAF civilian employees to file a formal

complaint of sexual harassment pursuant to the procedures in 10 USC § 1561.

DAFI36-2710 23 MAY 2024 65

3.14.1.2. If an independent investigation pursuant to the procedures in 10 USC § 1561 is

completed and a DAF civilian employee initiates contact with an EO practitioner within

the 45-calendar days of the alleged sexual harassment incident to elect the EEO complaint

process, EO practitioners will implement the pre-complaint process pursuant to 29 CFR

Part 1614 and procedures described in EEOC MD 110 and this publication. (T-0)

3.14.1.3. If an aggrieved individual initiated contact with an EO practitioner and elects not

to exercise their rights under the 29 CFR Part 1614 EEO complaint process, the EO

practitioner will document the contact and the declination on the EEO Complaint Intake

template. (T-1) EO practitioners will inform the DAF civilian employee that even though

they declined to file an EEO complaint at that time, the DAF civilian employee can return

at any time within 45-calendar days of the alleged sexual harassment incident to file an

EEO complaint. (T-1)

3.14.1.4. It is the responsibility of the DAF civilian employee to contact an EO practitioner

within 45 calendar days from the date of the alleged sexual harassment. (T-0) Failure to

contact an EO practitioner within 45 calendar days may result in dismissal of the formal

complaint pursuant to 29 CFR Part 1614. (T-0) Filing a formal complaint pursuant to the

procedures in 10 USC § 1561 will not extend the timelines for filing an EEO complaint

pursuant to 29 CFR Part 1614. (T-0).

3.14.2. Independent Investigations of Formal Complaints of Sexual Harassment Pursuant to

the Procedures in 10 USC § 1561.

3.14.2.1. Overview. Formal complaints of sexual harassment pursuant to the procedures in

10 USC § 1561 will result in an independent investigation. (T-0) DAF civilian employees

will not be dissuaded from filing formal complaints of sexual harassment pursuant to the

procedures in 10 USC § 1561. (T-1)

3.14.2.2. Independent Investigators. Security forces (SF) is designated as the DAF

independent investigators for formal complaints of sexual harassment filed by appropriated

funds DAF civilian employees pursuant to the procedures in 10 USC § 1561. (T-1) All

formal complaints of sexual harassment will be initially referred to SF for independent

investigation pursuant to the procedures in 10 USC § 1561. (T-0)

3.14.2.2.1. For the purposes of DAF independent investigations involving a DAF

civilian employee filing a formal complaint pursuant to the procedures in 10 USC §

1561, independent investigations will utilize the definition of sexual harassment found

in DoDI 1020.03, Harassment Prevention and Response in the Armed Forces,

regardless of whether the alleged offender is a military member or DAF civilian

employee. (T-1) Formal complaints of sexual harassment under 10 USC § 1561 where

an alleged offender is a military member may also consider the definition of sexual

harassment in Article 134 (Sexual Harassment) of the Uniform Code of Military Justice

(UCMJ). (T-1)

3.14.2.3. Formal Complaint Reporting Avenues. The preferred DAF mechanism for filing

a formal complaint for sexual harassment pursuant to the procedures in 10 USC § 1561 is

through the installation EO office. DAF civilian employees are encouraged to file a formal

complaint pursuant to the procedures in 10 USC § 1561 with their installation EO office,

but may report a formal complaint of sexual harassment directly to a commander or SF.

66 DAFI36-2710 23 MAY 2024

(T-0) Regardless of reporting avenue used, DAF civilian employees are encouraged to

promptly file formal complaints as early as possible to help ensure better and timely access

to witnesses, bystanders, and other pertinent information regarding the incident. (T-1)

3.14.2.4. Formal Complaint of Sexual Harassment Initiated Directly with the EO Office.

If a DAF civilian employee elects to file a formal complaint of sexual harassment pursuant

to the procedures in 10 USC § 1561 with the installation EO office, installation EO

directors and EO practitioners will advise the DAF civilian employee that they must refer

that formal complaint to SF for independent investigation. (T-0) Installation EO directors

and EO practitioners will refer the formal complaint to SF and facilitate an in-person,

virtual, or telephonic referral/warm hand-off between the DAF civilian employee and SF.

(T-0) Installation EO directors and EO practitioners will advise the DAF civilian employee

that filing a formal complaint pursuant to procedures in 10 USC § 1561 does not

automatically initiate the 29 CFR Part 1614 EEO process and that the DAF civilian

employee can also simultaneously initiate the (pre-complaint) EEO process. (T-1) When a

DAF civilian employee informs the EO practitioner they wish to file a complaint of sexual

harassment pursuant to the procedures in 10 USC § 1561, the EO practitioner will ask if

the DAF civilian employee wishes to also pursue the 29 CFR 1614 EEO process and

explain the difference between the two processes and the relevant deadlines. (T-1).

3.14.2.4.1. When a formal complaint of sexual harassment pursuant to the procedures

in 10 USC § 1561 is initiated by a DAF civilian employee with the installation EO

office, installation EO directors and EO practitioners will ensure the DAF Form 1587

are completed, signed, and documented in the [Department of the] Air Force Equal

Opportunity Network (AF EONet). (T-1) Installation EO directors and EO

practitioners will document the formal complaint pursuant to the procedures in 10 USC

§ 1561 in the AF EONet as a DAF Form 1587 referral complaint. (T-1) Installation EO

directors and EO practitioners will not request any specific allegation information for

the DAF Form 1587. (T-1) SF, in consultation with the SJA, will frame the complaint

allegations once installation EO directors and EO practitioners refer the formal

complaint to SF. (T-1)

3.14.2.4.1.1. If a DAF civilian employee declines to file a formal complaint

pursuant to the procedures in 10 USC § 1561, EO directors and EO practitioners

will document this declination on the EEO Complaint Intake template and on a

DAF Form 1271. (T-1) The DAF Form 1271 will not include any specific

allegation information and will only state that a DAF civilian declined to pursue a

formal complaint pursuant to the procedures in 10 USC § 1561. (T-1)

3.14.2.4.2. Installation EO directors and EO practitioners will inform the DAF civilian

employee who requests a formal complaint pursuant to the procedures in 10 USC §

1561 that they will notify the appropriate commanders, SF, and SJA and that the EO

office can facilitate an in-person, virtual, or telephonic referral/warm hand-off to SF

who is responsible for conducting independent investigation. (T-0)

3.14.2.4.3. Installation EO directors and EO practitioners will refer the formal

complaint to SF for independent investigation and notify the DAF civilian employee’s

commander and the alleged offender’s commander of the formal complaint within 24

hours of receipt of the formal complaint. (T-0) Installation EO directors and EO

DAFI36-2710 23 MAY 2024 67

practitioners will advise the respective commanders of the requirement of an

independent investigation pursuant to the procedures in 10 USC § 1561 and this process

is separate from the EEO process pursuant to 29 CFR Part 1614. (T-0) Installation EO

directors and EO practitioners will also inform the commanders whether the DAF

civilian employee also elected the EEO complaint process pursuant to 29 CFR Part

1614. (T-1)

3.14.2.4.4. Installation EO directors and EO practitioners will inform the alleged

offender’s commander of the requirement for the commander to provide the General

Court Martial Convening Authority (GCMCA), through the installation commander,

an initial notification of the formal complaint within 72 hours of receipt of the

complaint, even if the alleged offender is not subject to the UCMJ. (T-0) The

commander will courtesy copy the installation EO office, SF, and SJA on all GCMCA

notifications. (T-1)

3.14.2.4.5. Installation EO directors and EO practitioners will inform the alleged

offender’s commander to make every effort to protect the identity of the DAF civilian

employee complainant at this stage and that it is the alleged offender’s commander’s

responsibility to inform the alleged offender that they are the subject of a formal

complaint. (T-1)

3.14.2.4.6. Installation EO directors and EO practitioners will inform the DAF civilian

employee complainant’s commander of the requirement to advise the DAF civilian

employee complainant of the commencement of the investigation within 72 hours of

receipt of the complaint. (T-1)

3.14.2.4.7. Installation EO directors and EO practitioners will courtesy copy SJA and

SF on command notifications for complaint tracking purposes. (T-1)

3.14.2.4.8. Installation EO directors and EO practitioners will refer the formal

complaint to SF within 72 hours of receiving the formal complaint in order for SF to

initiate the independent investigation. (T-0) This includes providing a signed copy of

the DAF Form 1587 to SF at the time of referral. (T-1) The copy of a signed DAF Form

1587 to SF will include at minimum the following information:

3.14.2.4.8.1. Complainant Information Section - (name, grade, sex, ethnicity, race,

service, unit/office symbol, contact phone, email, DoD ID, commander

name/grade/unit/contact phone/email). (T-1)

3.14.2.4.8.2. Alleged Offender Information Section - (name, grade, sex, ethnicity,

race, service, unit/office symbol, air force specialty code (AFSC), contact phone,

email, DoD ID, commander name/grade/unit/contact phone/email). (T-1)

3.14.2.4.8.3. Discriminatory Harassment/Harassment Type Section – select sexual

harassment. (T-1)

3.14.2.4.8.4. Communication Type Selection – select at minimum one category

under Row A (e.g., verbal, nonverbal, physical, psychological) and Row B (written,

in person, social media, e-communications, other forms of communication). (T-1)

3.14.2.4.8.5. Associated Behaviors Section – select associated behaviors of the

sexual harassment allegation(s) (e.g., offensive jokes, offensive objects/imagery,

68 DAFI36-2710 23 MAY 2024

intimidating acts, derogatory/provoking remarks, coercion, other). (T-1)

3.14.2.4.8.6. Specific Allegations Section – Document the following language

“EO has received a formal complaint of sexual harassment and is referring it to SF

for an independent investigation pursuant to the procedures in 10 USC § 1561. SF

will provide the installation EO office with additional information and updates as

the investigation progresses and concludes to include providing the specific

allegations of sexual harassment investigated.” (T-1) SF, in consultation with the

SJA, will frame the complaint allegations. (T-1)

3.14.2.4.8.7. AF EONet case file number. (T-1)

3.14.2.4.9. Installation EO directors and EO practitioners will enter the date of the

referral and copy of the DAF Form 1587 was provided to SF in the AF EONet. (T-1)

3.14.2.4.10. Installation EO directors and EO practitioners will ensure all updates, to

include GCMCA notifications, command disposition, and command actions taken,

provided by SF, commanders, SJA, and other relevant individuals or offices (e.g.,

AFOSI) are entered into the AF EONet for complaint tracking purposes within three

duty days after receipt. (T-1)

3.14.2.4.11. For operational guidance and additional resources, installation EO

directors and EO practitioners should refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your

respective MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.14.2.5. Formal Complaint of Sexual Harassment Pursuant to the Procedures in 10 USC

§ 1561 Initiated Directly with a Commander. If a DAF civilian employee directly reports

a formal complaint of sexual harassment to a commander, the commander will advise the

DAF civilian employee of their right to file a formal complaint pursuant to the procedures

in 10 USC § 1561 for an independent investigation conducted by SF and that the DAF

civilian employee also has a right to file a EEO complaint pursuant to 29 CFR Part 1614

with the installation EO office in addition to an independent investigation being conducted.

(T-0)

3.14.2.5.1. The commander will refer the formal complaint pursuant to the procedures

in 10 USC § 1561 to SF within 72 hours of receiving the formal complaint, after

consultation with SJA, in order for SF to initiate the independent investigation. The

commander will advise the DAF civilian employee of the commencement of the

investigation. (T-0) SF will work with the DAF civilian employee to complete and sign

DAF Form 1587 to initiate the formal complaint process outlined in 3.14.2.6.2. (T-1)

The commander will immediately notify the installation EO office, SJA, and the

alleged offender’s commander of the referral to SF for investigation for complaint

tracking purposes. (T-1)

3.14.2.5.1.1. The commander will offer to facilitate an in-person, virtual, or

telephonic referral to the installation EO office for more information on filing an

EEO complaint pursuant to 29 CFR Part 1614. (T-1)

3.14.2.5.1.2. At this time, DAF civilian employees are not eligible for sexual

harassment restricted or unrestricted reporting or advocacy services through the

DAFI36-2710 23 MAY 2024 69

SAPR program. However, the SAPR program can provide DAF civilian employees

with appropriate local or online resources or referrals. (T-1) For additional

information, refer to DAFI 90-6001.

3.14.2.5.2. Pursuant to the procedures in 10 USC § 1561, the alleged offender’s

commander, through the installation commander, will ensure all GCMCA notifications

are completed, even if the alleged offender is not subject to the UCMJ. (T-0) This

includes providing the GCMCA an initial notification of the formal complaint within

72 hours of receipt of the complaint. (T-0) The commander will courtesy copy the

installation EO office, SF, and SJA on all GCMCA notifications. (T-1)

3.14.2.5.3. The alleged offender’s commander will notify the alleged offender that

they are the subject of a formal complaint. The alleged offender’s commander, in

consultation with SJA, may delay this notification to the alleged offender for the

protection and safety of any complainant(s) and/or ensure access to potential witnesses

or evidence is not impacted by the notification to the alleged offender. The alleged

offender’s commander will make every effort to protect the identity of the DAF civilian

employee complainant. (T-1)

3.14.2.5.4. The DAF civilian employee complainant’s commander will advise the

DAF civilian employee complainant of the commencement of the investigation within

72 hours of receipt of the complaint. (T-0)

3.14.2.5.5. When SF receives the formal complaint referral from the commander SF

will implement reporting procedures outlined in paragraphs 3.14.2.6 through

3.14.2.6.5.2.1 and investigative procedures outlined in DAFMAN 31-103 Volume 2,

Investigations Program. (T-1)

3.14.2.5.6. Commanders will encourage the DAF civilian employee to promptly

contact the installation EO office to preserve the right to file an EEO complaint

pursuant to 29 CFR Part 1614 within statutory timelines. (T-1) Commanders will offer

to facilitate an in-person, virtual, or telephonic referral to the installation EO office with

the consent of the DAF civilian employee. (T-0) Commanders will notify the

installation EO director of all sexual harassment complaints that are directly reported

to the chain of command. (T-1)

3.14.2.5.6.1. EO practitioners will initiate contact with a DAF civilian employee

who contacted a commander but did not request an in-person, virtual, or telephonic

referral from the commander to the installation EO office to ensure the DAF civilian

employee is aware of their options and rights in the 29 CFR 1614 EEO complaint

process and the independent investigation process pursuant to the procedures in 10

USC § 1561. (T-1)

3.14.2.6. Formal Complaint of Sexual Harassment Pursuant to the Procedures in 10 USC

§ 1561 Initiated Directly with Security Forces. If a DAF civilian employee directly reports

a formal complaint of sexual harassment pursuant to the procedures in 10 USC § 1561 to

SF, SF will initiate an independent investigation, after consultation with the SJA, and will

notify the EO office and the complainant’s and alleged offender’s commanders for

complaint tracking purposes. (T-0) SF will work with the DAF civilian employee to

complete and sign DAF Form 1587 to initiate the formal complaint independent

70 DAFI36-2710 23 MAY 2024

investigation. (T-1) SF will encourage the DAF civilian employee to promptly contact the

installation EO office to preserve the right to file an EEO complaint pursuant to 29 CFR

Part 1614 within statutory timelines. (T-1)

3.14.2.6.1. SF will immediately notify the DAF civilian employee complainant’s

commander and the alleged offender’s commander of the formal complaint pursuant to

the procedures in 10 USC § 1561 in order for the alleged offender’s commander to

provide the GCMCA an initial notification of the formal complaint within 72 hours of

receipt of the complaint, even if the alleged offender is not subject to the UCMJ. (T-0)

The DAF civilian employee complainant’s commander will also advise the DAF

civilian employee complainant of the commencement of the investigation within 72

hours of receipt of the complaint. (T-0) SF will courtesy copy the SJA and installation

EO office on command notifications for complaint tracking purposes. (T-1)

3.14.2.6.2. SF will provide to the EO office the minimum following information when

the formal complaint is initiated to enter into the AF EONet:

3.14.2.6.2.1. Complainant Information Section - (name, grade, sex, ethnicity, race,

service, unit/office symbol, contact phone, email, DoD ID, commander

name/grade/unit/contact phone/email). (T-1)

3.14.2.6.2.2. Alleged Offender Information Section - (name, grade, sex, ethnicity,

race, service, unit/office symbol, AFSC, contact phone, email, DoD ID,

commander name/grade/unit/contact phone/email). (T-1)

3.14.2.6.2.3. Discriminatory Harassment/Harassment Type Section – select sexual

harassment. (T-1)

3.14.2.6.2.4. Communication Type Selection – select at minimum one category

under Row A (e.g., verbal, nonverbal, physical, psychological) and Row B (written,

in person, social media, e-communications, other forms of communication). (T-1)

3.14.2.6.2.5. Associated Behaviors Section – select associated behaviors of the

sexual harassment allegation(s) (e.g., offensive jokes, offensive objects/imagery,

intimidating acts, derogatory/provoking remarks, coercion, other). (T-1)

3.14.2.6.2.6. Specific Allegations Section – SF will document the following

language “SF has received a formal complaint of sexual harassment and has

initiated an independent investigation pursuant to the procedures in 10 USC § 1561.

SF will provide the installation EO office with additional information and updates

as the investigation progresses and concludes to include providing the specific

allegations of sexual harassment investigated.” (T-1) SF, in consultation with the

SJA, will frame the complaint allegations. (T-1)

3.14.2.6.2.7. SF investigation case file number and name of the independent

investigator as a reference. (T-1)

3.14.2.6.2.8. Name and contact information of the independent investigator(s).

3.14.2.6.3. When installation EO offices receive a copy of the signed DAF 1587 from

SF, installation EO directors and EO practitioners will enter the information into the

AF EONet as a DAF Form 1587 referral complaint within three duty days of receipt

and will provide SF with the case file number. (T-1) Installation EO directors and EO

DAFI36-2710 23 MAY 2024 71

practitioners will ensure all updates, to include GCMCA notifications, command

disposition, and command actions taken, provided by SF, commanders, SJA, and other

relevant individuals or offices (e.g., AFOSI) are entered into the AF EONet for

complaint tracking purposes within three duty days after receipt. (T-1)

3.14.2.6.4. SF, commanders, SJA, and other relevant individuals or offices (e.g.,

AFOSI) will provide installation EO offices timely updates on the progression and

conclusion of the independent investigation for entry into the AF EONet for tracking

purposes to meet statutory sexual harassment reporting requirements. (T-1)

3.14.2.6.5. If the alleged offender is a military member, SF will implement

investigative procedures outlined in DAFMAN 31-103 Volume 2. (T-1) If the alleged

offender is a DAF civilian employee, SF will first consult with the SJA and CPS on

any considerations (e.g., local labor agreements) in investigating a DAF civilian

employee. (T-1)

3.14.2.6.5.1. If the alleged offender is a military member, at any time, a

commanding officer may, in consultation with the serving SJA, determine that the

complaint meets the threshold of a criminal allegation in violation of Article 134,

UCMJ (Sexual Harassment) has occurred, necessitating referral to AFOSI for

investigation. (T-1). However, in accordance with DoDI 5505.03, Initiation of

Investigations by Defense Criminal Investigative Organizations, AFOSI, in

consultation with the servicing SJA, may determine the complaint does not warrant

a criminal investigation, and in those instances the complaint will be referred to SF

for an independent investigation.

3.14.2.6.5.2. If the alleged offender is a DAF civilian employee, the independent

investigation pursuant to procedures in 10 USC § 1561 will utilize the definition of

sexual harassment found in DoDI 1020.03. (T-1)

3.14.2.6.5.2.1. If the alleged offender is a DAF civilian employee and is subject

to the UCMJ (i.e., when deployed in support of a contingency operation), a

commanding officer may, in consultation with the serving SJA, determine that

the complaint meets the threshold of a criminal allegation in violation of Article

134 of the UCMJ. In these exceptional circumstances, the commander, in

consultation with the SJA, will determine whether to continue the SF

independent investigation or whether the complaint should be referred to

AFOSI. (T-1) However, in accordance with DoDI 5505.03, AFOSI, in

consultation with the servicing SJA, may determine the complaint does not

warrant a criminal investigation, and in those instances the complaint will be

referred to SF for an independent investigation.

3.14.2.6.5.2.2. If the alleged offender is a DAF civilian employee, at any time,

a commanding officer may, in consultation with the serving SJA, determine the

complaint also includes a potential criminal offense under civilian jurisdiction

(e.g., criminal battery, etc.). The commander, in consultation with the SJA, will

determine whether to continue the SF independent investigation or whether the

complaint should be referred to local civilian authorities for consideration due

to limited jurisdiction over DAF civilian employee. (T-1)

72 DAFI36-2710 23 MAY 2024

3.14.2.7. Commencement of Investigation. The alleged offender’s commander, through the

installation commander, to the extent practicable, will ensure that within 72 hours after

receipt of the formal complaint, the GCMCA is provided an initial notification that includes

a detailed description of the sexual harassment allegations that includes at minimum (a) the

identities of the DAF civilian employee complainant or alleged offender, (b) names of the

SF investigators conducting the investigation, and (c) if available, the projected or final

completion date of the investigation. (T-1) The alleged offender’s commander will

courtesy copy the installation EO office, SF, and SJA on the initial notification to the

GCMCA for complaint tracking purposes. (T-1)

3.14.2.7.1. The DAF civilian employee complainant’s commander, to the extent

practicable, will notify the DAF civilian employee complainant of the commencement

of the investigation within 72 hours after receipt of the formal complaint. (T-0) This

includes providing the DAF civilian employee complainant information about the

investigation process, support resources available (e.g., Employee Assistance

Program), and any appeal rights that are available. (T-0) The DAF civilian employee

complainant’s commander will notify the installation EO office, SJA, and SF that this

was completed for complaint tracking purposes. (T-1)

3.14.2.7.2. The alleged offender’s commander will notify the alleged offenders that

they are the subject of a formal complaint. The alleged offender’s commander, in

consultation with SJA, may delay this notification to the alleged offender for the

protection and safety of any complainant(s) and/or to ensure access to potential

witnesses or evidence is not impacted by the notification to the alleged offender. The

alleged offender’s commander will make every effort to protect the identity of the

military complainant. (T-1)

3.14.2.7.2.1. The alleged offender’s commander will advise the alleged offender

not to discuss the case with others during the formal complaint process and caution

the alleged offender to refrain from any form of reprisal or retaliation. (T-1)

3.14.2.7.2.2. The alleged offender’s commander will notify the installation EO

office, SJA, CPS, and SF that these notifications were completed for complaint

tracking purposes. (T-1)

3.14.2.7.3. The DAF civilian employee complainant’s commander will conduct

frequent follow ups with DAF civilian employee complainants during the formal

complaint process to provide them progress updates and conduct wellness checks.

(T-1) This includes providing DAF civilian employees with information about

available on- and off- installation support resources and facilitate warm hand-

offs/referrals as requested where available and eligible. (T-0) The DAF civilian

employee complainant’s commander will notify the installation EO office that these

notifications were completed for complaint tracking purposes. (T-1)

3.14.2.7.4. The alleged offender’s commander will conduct frequent follow ups with

the alleged offenders during the formal complaint process to conduct wellness checks.

(T-1) This includes providing alleged offenders with information about available on-

and off- installation support resources and facilitate warm hand-offs/referrals as

requested where available and eligible. (T-1) The alleged offender’s commander will

DAFI36-2710 23 MAY 2024 73

notify the installation EO office that these notifications were completed for complaint

tracking purposes. (T-1)

3.14.2.8. Investigation Timelines. SF, to the extent practicable, will ensure that

independent investigations for formal complaints of sexual harassment are completed no

later than 14 calendar days after the date on which the investigation is initiated pursuant to

the procedures in 10 USC § 1561. (T-0)

3.14.2.8.1. If the investigation is not completed within the 14 calendar days, SF will

notify the alleged offender’s commander who will then, through the installation

commander, notify the GCMCA on the progress made in completing the investigation

within 20 calendar days after the investigation was initiated and every 14 calendar days

thereafter until the investigation is completed. (T-0) The alleged offender’s commander

will courtesy copy the installation EO office, SF, and SJA on all GCMCA notifications

for complaint tracking purposes. (T-1)

3.14.2.8.2. SF will provide the alleged offender’s commander progress updates every

12 calendar days to support updates to the GCMCA until the investigation is completed.

(T-1) SF will courtesy copy the installation EO office and SJA for complaint tracking

purposes. (T-1)

3.14.2.9. Report of Investigation and Legal Sufficiency Reviews. Upon completing an

investigation, SF will submit a report of investigation (ROI) to the servicing SJA for a legal

sufficiency review prior to submitting the ROI to the alleged offender’s commander and

first O-6, or in cases where the accused military member or DAF civilian employee does

not have an O-6 in the chain of command, then the first civilian equivalent in the alleged

offender’s chain of command. (T-0) SF and SJA will notify the installation EO office that

a ROI was issued and that a legal sufficiency review was conducted for complaint tracking

purposes. (T-1)

3.14.2.10. Command Disposition. The first O-6, or in cases where the accused military

member or DAF civilian employee does not have an O-6 in the chain of command, then

the first civilian equivalent, in the alleged offender’s chain of command, in consultation

with the SJA, will make a substantiation determination (i.e., substantiated or not

substantiated). (T-1) The first O-6, or in cases where the accused member does not have

an O-6 in the chain of command, then the first civilian equivalent, in the alleged offender’s

chain of command will notify the EO office and SJA of the command substantiation

determination (i.e., substantiated or not substantiated). (T-1)

3.14.2.10.1. For military member alleged offenders, the alleged offender’s immediate

commander, or the commander making the disposition determination, will notify the

EO office of any corrective, administrative, and/or disciplinary actions taken for

complaint tracking purposes, with the first O-6, or in cases where the accused military

member does not have an O-6 in the chain of command, then the first civilian

equivalent, in the alleged offender’s chain of command courtesy copied. (T-1)

3.14.2.10.2. For DAF civilian employee alleged offenders, the first O-6, or in cases

where the accused DAF civilian employee does not have an O-6 in the chain of

command, then the first civilian equivalent, in the alleged offender’s chain of command

74 DAFI36-2710 23 MAY 2024

will forward the substantiation determination (i.e., substantiated or not substantiated)

to the appropriate authority, servicing CPS, and SJA. (T-1)

3.14.2.10.2.1. The DAF civilian employee offender’s supervisor or appropriate

authority will determine what disciplinary or corrective action, if any, will be taken

in accordance with due process procedures pursuant to 5 CFR Part 752, Adverse

Actions, established merit systems principles outlined in DAFI 36-148, Discipline

and Adverse Actions of Civilian Employees, and local negotiated labor agreements.

(T-0) DAF civilian employees are entitled to the full due process rights of 5 CFR

Part 752 before disciplinary and adverse action is taken. The substantiation of a

complaint following an investigation under 10 USC § 1561 procedures will not be

a sufficient basis to impose discipline under the statutory due process requirement.

(T-0) It is sufficient to begin a disciplinary investigation as to whether sexual

harassment in violation of civilian law occurred. The DAF civilian employee

offender’s supervisor or appropriate decision authority will notify the EO office of

final disciplinary or corrective actions taken against offenders for both

substantiated and not substantiated to ensure pertinent information is documented

in the AF EONet. (T-1)

3.14.2.10.3. To the extent practicable, the first O-6 in the alleged offender’s chain of

command, through the installation commander, will submit a final GCMCA

report/notification on the results and any actions taken as a result of the independent

investigation to the GCMCA within 20 calendar days after the investigation was

initiated. (T-0) Because meeting this timeline for submitting a final GCMCA

report/notification on the results and any actions taken will not be possible in the case

of any civilian disciplinary action covered by the notice requirements of 5 CFR Part

752, this will be notated on the final GCMCA report/notification as appropriate. (T-1)

The first O-6 in the alleged offender’s chain of command will continue interim

notifications to the GCMCA until final action is complete. The first O-6 in the alleged

offender’s chain of command will courtesy copy the installation EO office, SF, and

SJA on all GCMCA notifications for complaint tracking purposes. (T-1)

3.14.2.10.4. The final GCMCA report/notification will only include the results and any

actions taken as a result of the independent investigation. (T-0) The identities of the

DAF civilian employee complainant and the offenders are included in GCMCA final

report/notification for substantiated cases. (T-1) Corrective, administrative, and/or

disciplinary actions will be included in the GCMCA final report/notification for

substantiated cases. (T-1) However, for alleged civilian offenders, adverse action will

not be noted until the due process procedures of 5 CFR Part 752 have been completed.

(T-1) The final GCMCA report/notification will not include the full ROI. (T-1)

3.14.2.10.5. The DAF civilian employee complainant’s commander will notify the

DAF civilian employee complainant whether the allegations were substantiated or not

substantiated at the conclusion of the independent investigation. (T-0) The DAF

civilian employee complainant’s commander will notify the installation EO office that

these notifications were completed for complaint tracking purposes. (T-1)

3.14.2.10.6. The alleged offender’s commander will brief the alleged offender of the

results of the independent investigation. (T-0) The alleged offender’s commander will

DAFI36-2710 23 MAY 2024 75

notify the installation EO office that these notifications were completed for complaint

tracking purposes. (T-1)

3.14.2.10.7. The military member offender’s commander will take appropriate

corrective, administrative, and/or disciplinary action when a complaint is substantiated.

(T-0) The military member offender’s commander will provide the installation EO

office with a description of any corrective, administrative, and/or disciplinary actions

taken against offenders for both substantiated and not substantiated formal complaints

to ensure pertinent information is documented into AF EONet. (T-1)

3.14.2.10.8. A formal complaint of sexual harassment pursuant to procedures in 10

USC § 1561 is considered closed when the DAF civilian employee complainant signs

the updated DAF Form 1587 after they have been outbriefed by their commander on

the complaint determination, the alleged offender’s commander or supervisor has

provided the installation EO director or EO practitioner with actions taken, and the

installation EO director has reviewed and signed the DAF Form 1587. (T-1) The DAF

civilian employee complainant’s commander will receive the most updated DAF Form

1587 from the EO office in order to have the DAF civilian employee complainant sign

to acknowledge case closure on the DAF 1587. (T-1) To ensure due process rights of

alleged civilian offender(s), pursuant to 5 CFR Part 752, the EO office will only provide

DAF Form 1587 with boxes 48 and 49 regarding the complaint outcome (i.e.,

substantiation determination) and corrective actions blank or redacted. (T-1) The DAF

civilian employee complainant’s commander may provide the substantiation

determination (substantiated or not substantiated) verbally to the civilian employee

complainant but will not provide specific actions taken against the alleged civilian or

military offender(s) pursuant to the Privacy Act. (T-1). The DAF civilian employee

complainant’s commander will provide the EO office the signed DAF Form 1587 for

complaint tracking purposes and entry into the AF EONet. (T-1) The installation EO

Director will review and sign the DAF Form 1587 to close out the complaint only after

they have received from the DAF civilian employee complainant’s commander the

DAF civilian employee complainant signed DAF Form 1587 and received from the

alleged offender’s commander (or appropriate authority for alleged civilian offenders)

the corrective actions taken. (T-1)

3.14.2.11. Lack of Anonymity in the Independent Investigation Process Pursuant to the

Procedures in 10 USC § 1561. DAF civilian employees will not have anonymity during an

independent investigation initiated pursuant to the procedures in 10 USC § 1561. (T-0)

DAF civilian employees, however, who engage with the installation EO office on the EEO

complaint process have the right to anonymity up until filing a formal complaint pursuant

to 29 CFR Part 1614. (T-0) This includes anonymity during the EEO pre-complaint process

that may be running concurrently with the independent investigation process pursuant to

the procedures in 10 USC § 1561 as they are separate and distinct processes. (T-0) For

additional guidance on anonymity during the EEO complaint process, refer to paragraph

3.4.

3.14.2.12. Independent Investigation Appeals Pursuant to the Procedures in 10 USC §

1561.

76  DAFI36-2710  23 MAY 2024 
3.14.2.12.1.  If an independent investigation pursuant to procedures in 10 USC § 1561 
is substantiated and disciplinary actions are implemented against the alleged civilian 
offender following the procedures set out in 5 CFR Part § 752, they may have appeal 
rights pursuant to 5 USC § 7701, Appellate procedures, and 5 CFR § 752.405, Appeal 
and  grievance  rights,  for  any  actions  that  are  appealable  to  the  Merit  Systems 
Protection Board (MSPB). (T-0) An alleged civilian offender, who is a bargaining unit 
employee  and  covered  by  a  negotiated  grievance  procedure  under  a  recognized 
collective bargaining agreement, may contact their bargaining unit and elect to file a 
grievance. (T-0) If a matter is covered by 5 CFR § 752.405 and appealable to the MSPB 
and the negotiated grievance procedure pursuant to a collective bargaining agreement, 
the alleged offender may elect to file under either, however they cannot file under both. 
(T-0) For military offenders, refer to paragraph 4.15.10 for appeals. 
3.14.2.12.2.  The DAF civilian employee complainant has no right to appeal the result 
of an independent investigation pursuant to procedures in 10 USC § 1561. A DAF 
civilian  employee  who  has  elected  to  pursue  an  independent  investigation  for 
allegations of sexual harassment, may also pursue an EEO claim pursuant to 29 CFR 
Part 1614. However, the civilian employee must contact an EO practitioner within 45 
calendar days from the date of the alleged sexual harassment as outlined in paragraphs 
3.3, 3.9.5, and 3.14.1.2 through 3.14.1.4. (T-0) Regardless of whether the independent 
investigation is substantiated or not substantiated, if the civilian complainant elected 
both an independent investigation under 10 USC § 1561 and filed an EEO complaint 
under  29  CFR  Part  1614,  the  complaint  filed  pursuant  to  29  CFR  Part  1614  will 
continue to be processed. (T-0)  
3.15.  Formal Complaint Process Pursuant to 29 CFR Part 1614.  If the dispute could not be 
resolved informally during the pre-complaint process, aggrieved individuals have the right to file 
a formal complaint to formally present claims of discrimination through the installation EO office. 
The pre-complaint process is a prerequisite to filing a formal complaint. (T-0) Upon filing a formal 
complaint, the aggrieved person is now referred to as a complainant during the formal complaint 
process. 
3.15.1.  Formal complaints are processed in accordance with 29 CFR Part 1614, DoDI 1400.25 
Volume 1614, and EEOC MD-110, Chapter 5. (T-0) Installation EO Directors will direct and 
oversee formal complaint processing. (T-1) The Air Force Civilian Appellate Review Office 
(AFCARO)  (SAF/MRBA)  will  coordinate  with  the  Air  Force  Civil  Law  and  Litigation 
Directorate (AF/JAC) for litigation of DAF EEO cases where a hearing is requested or when a 
case has been appealed. (T-1) Formal EEO complaint investigations will be conducted by the 
DoD’s  Investigations  and  Resolutions  Directorate  (IRD)  as  described  in  DoDI  1400.25 
Volume 1614 and as outlined in paragraph 3.15.7. (T-0)  
3.15.1.1.  Installation  EO  directors  will  ensure  all  formal  complaints  are  processed 
expeditiously and will decide whether to accept, dismiss, or partially dismiss a complaint 
or  portion  of  a  complaint.  (T-0)  Installation  EO  directors will  ensure investigation  of 
formal complaints are completed and the report of investigation (ROI) is received by the 
complainant via AFCARO within 180 calendar days from the date of filing the formal EEO 
complaint. (T-0)  

DAFI36-2710 23 MAY 2024 77

3.15.1.2. Timely Notifications. Installation EO directors will ensure all time-sensitive,

federally and DAF mandated notifications to relevant parties are conducted throughout the

formal complaint process. (T-0) Notification responsibilities of the installation EO director

include but are not limited to, receipt of acknowledgment of the notice of the formal

complaint or amendment to formal complaint (within 5 calendar days), advisement of

actual file date, counselor’s report provided to the complainant (within 15 calendar days),

acceptance and dismissal determinations, and claims against senior officials. (T-0)

3.15.1.3. Installation EO directors will ensure proper protection of all information subject

to the Privacy Act of 1974. (T-0)

3.15.2. Formal Complaint Filing Location and Timeline. The complainant and/or their legal

representative will file formal complaints at the installation or agency where the alleged

discrimination occurred pursuant to 29 CFR § 1614.106(a) and (c). (T-0) The complainant

and/or their legal representative must file the formal complaint within 15 calendar days of

receipt of the Notice of Right to File a Formal Complaint required by 29 CFR § 1614.105 (d),

(e) or (f). (T-0) For formal complaints filed at an installation or agency other than where the

alleged discriminatory behavior(s) and/or action(s) occurred, installation EO directors will

notify their MAJCOM/FLDCOM EO functional manager for assistance to determine if the

complaint will need to be transferred to another installation for formal complaint processing.

(T-1) If a case transfer is needed and is outside of their area of responsibility, the

MAJCOM/FLDCOM EO functional manager will engage the respective MAJCOM/FLDCOM

EO functional manager to transfer the case. (T-1) MAJCOM/FLDCOM EO functional

managers will contact AFPC EO Operations for guidance and assistance as needed. (T-1)

3.15.3. Formal Complaint Submission by the Complainant or Legal Representative. A formal

complaint must contain a signed statement (e.g., DD Form 2655 or other format) from the

complainant claiming to be aggrieved or by that complainant’s legal representative pursuant

to 29 CFR § 1614.106(c). This statement must be sufficiently precise to identify the

complainant and the agency and to describe the action(s) or practice(s) that form the basis (es)

of the complaint that was discussed with the EO practitioner during the pre-complaint

complaint process. (T-0) The complaint must also contain a telephone number and address

where the complainant or the legal representative can be contacted. (T-0)

3.15.3.1. Installation EO directors will review the complaint submission pursuant to 29

CFR § 1614.103 for applicability and will review the complaint for completeness of

required information. (T-0)

3.15.3.2. Installation EO directors will acknowledge receipt of a complaint in writing and

inform the complainant of the date on which the complaint was filed pursuant to 29 CFR

§ 1614.106(e). (T-0) Installation EO directors will ensure that the signed statement (e.g.,

DD Form 2655 or other format) is maintained in the case file. (T-1)

3.15.3.2.1. Installation EO directors will submit this written acknowledgement to the

complainant or their legal representative using the Formal Complaint

Acknowledgement letter within five calendar days of receipt of the complaint. (T-1)

3.15.3.2.2. The acknowledgement letter will also advise the complainant that they

have the right to appeal the final action on or dismissal of a complaint; and the agency

is required to conduct an impartial and appropriate investigation of the complaint

78 DAFI36-2710 23 MAY 2024

within 180 calendar days of the filing of the complaint unless the parties agree in

writing to extend the time period pursuant to 29 CFR § 1614.106(e). (T-0)

3.15.3.2.3. To access letter templates, refer to the AFPC EO Operations SharePoint

athttps://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your

respective MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.15.3.3. Installation EO directors will ensure that the complainant is provided a copy of

the written counselor’s report about the concerns discussed and actions taken during EEO

counseling in the pre-complaint within 15 calendar days of being advised that the

complainant has filed a formal complaint pursuant to 29 CFR § 1614.105(c). (T-0)

3.15.4. Formal Complaint Amendments. A complainant may amend a formal complaint at any

time prior to the conclusion of the investigation pursuant to 29 CFR § 1614.106(d) and before

the mailing of the notice required by 29 CFR § 1614.108(f), only if claim(s) are like or related

to those raised in the pending complaint as described in EEOC MD 110 Chapter 5 Section

III(b), A Complainant May Amend a Pending Complaint. (T-0) There is no requirement that

the complainant seek counseling on these new like or related claims. (T-0)

3.15.4.1. Installation EO directors will acknowledge receipt of an amendment(s) in writing

and inform the complainant of the date on which the amendment(s) was filed pursuant to

29 CFR § 1614.106(e). (T-0)

3.15.4.1.1. Installation EO directors will submit this written acknowledgement to the

complainant or their legal representative using the Formal Complaint Amendment

Acknowledgement letter within five calendar days of receipt of the amendment(s).

(T-0)

3.15.4.1.2. The acknowledgement letter will also advise the complainant that they the

right to appeal the final action on or dismissal of a complaint; and the agency is required

to conduct an impartial and appropriate investigation of the complaint within 180

calendar days of the filing of the complaint unless the parties agree in writing to extend

the time period pursuant to 29 CFR § 1614.106(e). (T-0)

3.15.4.1.3. To access the Formal Complaint Amendment Acknowledgement letter

template, refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your

respective MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.15.4.2. After requesting a hearing, a complainant may file a motion with the

administrative judge to amend a complaint to include issues or claims like or related to

those raised in the complaint pursuant to 29 CFR § 1614.106(d). (T-0) Installation EO

directors will acknowledge in writing to the administrative judge receipt of the notification

of a complainant’s hearing request within five calendar days of receiving the notification.

(T-0)

3.15.4.3. Within 10 calendar days of acknowledgement of any full or partial acceptance of

an amendment to a pending complaint, the installation EO Director will provide AF/JACL

representative a copy of the acknowledgement letter. (T-0)

3.15.4.4. In cases where subsequent acts of alleged discrimination submitted as

amendments do not add to or clarify the original claim, and/or could not have been

DAFI36-2710 23 MAY 2024 79

reasonably expected to grow out of the investigation of the original claim, the later incident

should be the subject of a separate EEO complaint. (T-0) Accordingly, the proper

procedure is for the complainant to file a new EEO complaint through the installation EO

office. (T-0) The installation EO director will ensure the complainant is advised in writing

that they should seek EEO counseling on the new claim. (T-0)

3.15.4.4.1. The postmark date of the letter (from complainant requesting an

amendment) to the EEO director or designee would be the date for time computation

purposes used to determine if initial counselor contact was timely under 29 CFR §

1614.105(b). (T-0) Refer to EEOC MD 110 Chapter 5 Section III(b) for additional

information.

3.15.4.4.2. To access letter templates, refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your

respective MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.15.5. Acceptance and Dismissal of Formal Complaints. A formal complaint must be filed

within 15 calendar days of receipt of the Notice of Right to File a Formal Complaint in order

to be accepted or dismissed. (T-0) The installation EO director will make a determination of

whether to accept or dismiss the complaint pursuant to 29 CFR § 1614.107 and EEOC MD

110 Chapter 5 Section IV, Agency Dismissal Process. (T-0)

3.15.5.1. The installation EO director will ensure that either the Acceptance Letter or

Dismissal Letter is provided to the complainant no later than 30 calendar days from the

date of formal complaint filing. (T-1) The Acceptance Letter will include the claim(s)

asserted and to be investigated and that the asserted claims will be forwarded to IRD for

investigation. (T-0) The Dismissal Letter will include the rationale for the full or partial

dismissal determination and that those claims will not be investigated pursuant to 29 CFR

§ 1614.107(b). (T-0) Refer to paragraph 3.15.6 for additional information on dismissals.

3.15.5.2. Installation EO directors will notify AF/JACL of any full or partial acceptance

of a formal complaint within 10 calendar days of the issuance of the Acceptance Letter to

the complainant. (T-1) When notifying AF/JACL of the accepted or partially accepted

formal complaint, installation EO directors will provide the case file, including the formal

complaint, counselor’s report, pre-complaint process documents, and the date an IRD

investigation was requested. (T-1)

3.15.5.3. The installation EO director will ensure all complaints dismissed in full or in part

are reviewed for legal sufficiency prior to sending to the complainant. (T-1) The legal

sufficiency review will be conducted by AF/JACL. Installation EO directors will check

with the local SJA to verify the legal sufficiency reviewing agency. (T-1)

3.15.5.4. To access the letter templates, refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.15.6. Full or Partial Dismissal Determinations and Right to Appeal. If a complaint is

dismissed in full or in part, a complainant may file an appeal pursuant to 29 CFR § 1614.401.

(T-0) If a complaint is dismissed in full or in part, installation EO directors will ensure the

complainant is provided a Dismissal Letter that includes the Notice of Right to Appeal. (T-0)

All complaints dismissed in full or in part will be reviewed for legal sufficiency prior to sending

80 DAFI36-2710 23 MAY 2024

to the complainant. (T-1) Refer to paragraph 3.15.5.3 for additional information on legal

sufficiency reviews.

3.15.6.1. If a complaint is dismissed in part, installation EO directors will inform the

complainant in writing that there is no immediate right to appeal the partial dismissal. (T-0)

Installation EO directors will advise the complainant that the partial dismissal shall be

reviewed either by an EEOC administrative judge, if the complainant requests a hearing

before an administrative judge, or by the EEOC Office of Federal Operations

(EEOC/OFO), if the complainant files an appeal of a final agency action or final agency

decision. (T-0) A determination under this paragraph is reviewable by an administrative

judge if a hearing is requested on the remainder of the complaint but is not appealable until

final action is taken on the remainder of the complaint pursuant to 29 CFR § 1614.107(b).

(T-0)

3.15.6.2. If a complaint is dismissed in full, installation EO directors will advise the

complainant in the Dismissal Letter of their right to immediate appeal to the EEOC/OFO

(i.e., Notice of Right to Appeal) pursuant to 29 CFR § 1614.401 and 29 CFR § 1614.403.

(T-0) This includes informing the complainant that they may appeal within 30 calendar

days of receipt of the dismissal. (T-0) AF/JACL (to include servicing SJA) has primary

responsibility as the DAF representative in all appeals initiated by a complainant under 29

CFR § 1614.401(a). (T-1)

3.15.6.3. AFCARO, after consultation with AF/JACL, may accept a previously dismissed

complaint upon a complainant appeal if it determines that the complaint should not have

been dismissed. (T-1)

3.15.6.4. To access the letter templates, refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.15.7. Investigation of Formal Complaints. If a formal complaint is not dismissed in full,

installation EO directors will within 30 calendar days of receipt of the formal complaint submit

a request to IRD to conduct an investigation as described in DoDI 1400.25, Volume 1614.

(T-0)

3.15.7.1. The IRD manages the DoD program for investigating formal EEO complaints to

include determining whether to conduct the investigation with internal investigators or

contract investigators. (T-0) Refer to DoDI 1400.25, Volume 1614 for additional guidance.

3.15.7.2. Installation EO directors will include the specific claim information required in

the DoD’s Investigations and Resolutions Case Management System (IRCMS) and will

utilize and follow IRD’s templates and guidance available at https://ircms.cpms.osd.mil/.

(T-0)

3.15.7.3. Installation EO directors will request IRD investigations at the same time the

Acceptance and Dismissal Letter is issued to the complainants. (T-1) Installation EO

directors will not under any circumstance request an IRD investigation prior to the

completion of the acceptance and dismissal process. (T-1)

3.15.7.4. Installation EO offices will communicate the EEO complaint investigative

process to employees and complainants. (T-0)

DAFI36-2710 23 MAY 2024 81

3.15.8. Fiscal Responsibility of Investigations. The installation EO director will obtain fund

citations for IRD Investigations and EEOC hearings related to the formal complaint. (T-1) The

unit or organization from which the complaint originates is responsible for all costs associated

with the complaint. (T-1) Travel of DAF personnel required by an administrative judge or

other authorized official will be charged to the DAF participant’s unit/organization of

assignment (T-1) Exceptions may apply in certain circumstances. Exceptions are provided for

organizations supported by the DAF under DoDD 5100.03, Support of the Headquarters of

Combatant and Subordinate Unified Commands. (T-0) If fact-finding conferences are elected

as the investigative method, the unit of the responsible management official (RMO) is

responsible for costs associated with court reporters. (T-1) Refer to DAFI 65-601, Volume 1,

Budget Guidance and Procedures, and DAFMAN 65-605, Volume 1, Budget Guidance and

Technical Procedures, for additional information on DAF budget guidance and procedures.

3.15.9. Scope of Investigations. IRD investigators will determine the scope and means of

conducting an investigation. (T-0) However, if an installation EO director and/or an AF/JACL

representative desires a verbatim transcript of the witness testimony, they must first coordinate

with AFCARO to decide on the type of investigation to request from IRD. (T-1)

3.15.10. Timeliness of Investigations. Investigations will be completed within 180 calendar

days from the date of filing of a complaint or within the time period contained in an order from

the EEOC/OFO on an appeal from a dismissal pursuant to 29 CFR § 1614.107 and 29 CFR §

1614.108. (T-0)

3.15.10.1. By written agreement within time periods as stated in paragraph 3.15.10, the

complainant and the respondent agency may voluntarily extend the investigation time

period for not more than an additional 90 calendar days. (T-0) Installation EO directors, at

the request of IRD investigators, may act as intermediaries in these negotiations on

extensions. (T-1) Installation EO directors will obtain a written agreement from the

complainant or complainant’s representative for extensions not more than 90 calendar days

beyond the 180-calendar day time limit. (T-0) Installation EO directors will attach the

written agreement in the investigative file and provide a copy to AFCARO. (T-1)

3.15.11. Failure to Complete Investigation within Time Limit. If the investigation is not

complete within the 180-calendar day time limit and no extension is approved, the installation

EO director will provide a written notice to the complainant informing them that the

investigation was unable to completed within the time limits required by 29 CFR §

1614.108(f). (T-0) The written notice will include an estimated date by which the investigation

will be completed, and that the complainant has a right to request a hearing from a EEOC

administrative judge or to file a civil action in the appropriate U.S. District Court pursuant to

29 CFR § 1614.108(g). (T-0) For additional guidance, samples, and templates, refer to EEOC

MD 110, Appendix K, Notice of Incomplete Investigation, and the AFPC EO Operations

SharePoint at https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your

respective MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.15.12. Required Documentation and Information for Investigations. Installation EO

directors will ensure all required documentation for investigations is submitted to the IRD and

in the required format pursuant to EEOC MD 110 Chapter 6 Section VIII, Complaint File;

EEOC MD 110 Appendix L, Complaint File Format; DoDI 1400.25 Volume 1614; and IRD

guidance available at https://ircms.cpms.osd.mil/. (T-0) Certain documents are required for

82 DAFI36-2710 23 MAY 2024

every request for investigation and is dependent on the claims of the case. For additional

information, refer to the Required Data Submission section at

https://ircms.cpms.osd.mil/DocSubmission.html.

3.15.12.1. Installation EO directors will submit required documents at the same time of

requesting an investigation from IRD. If documents are not readily available at the time of

the investigation request, installation EO directors will submit them within 14 calendar

days of the investigation request. (T-1) The timely submission of required documents

results in more effective and punctual investigations.

3.15.12.1.1. Installation EO directors will ensure at minimum the following essential

processing documents are included in the request for investigation: counselor’s report,

formal complaint, Notice of Acceptance, and EO director, EO practitioner,

complainant, RMO, and agency representative contact information. (T-0)

3.15.12.2. Installation EO directors will ensure documents are organized and submitted

pursuant to EEOC MD 110 Chapter 6 Section VIII. (T-0) For additional guidance and

templates, refer to EEOC MD 110 Appendix L; IRCMS User’s Guide and Investigative

File Organization and Data Submission Guidance with Section and Tab Templates at

https://ircms.cpms.osd.mil/; and the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.15.12.3. Installation EO directors will ensure all requests for relevant information,

including official personnel documents, related to EEO complaints are answered by the

requested suspense date or within seven calendar days. (T-1) EO directors will have seven

calendar days to provide additional documentations related to the EEO compliant upon

request by AFCARO during the processing of the formal EEO case. (T-1)

3.15.13. Administrative and Logistical Support. Installation EO directors will support and

facilitate the IRD investigative process by providing administrative and logistical support as

requested and as described in DoDI 1400.25 Volume 1614. (T-0) This may include, but is not

limited to, identifying a point of contact at the site of the investigation; providing a meeting

room that accommodates investigative requirements and ensures privacy; contacting and

scheduling appointments with witnesses; promptly advising IRD when 180 calendar days have

expired and a complainant requests a hearing before an EEOC administrative judge on a

complaint that is currently under investigation or awaiting investigation for the purpose of

expediting the investigation; forwarding copies of amendments to complaints currently under

investigation; and advising IRD when a formal complaint currently under investigation is

settled, withdrawn, or dismissed because the complainant files a civil action. (T-0) Refer to

DoDI 1400.25 Volume 1614 for additional guidance.

3.15.14. Report of Investigation. The IRD will provide impartial and appropriate investigative

files and report of investigations (ROI) that together contain legally sufficient evidence

necessary to serve as a basis for an impartial decision on the case. (T-0) The ROI documents

the information collected during the investigation and consists of an indexed investigative file

of documents relative to the matters at issue and a narrative report. (T-0)

3.15.14.1. IRD investigations will be completed, and ROIs issued within 120 calendar

days of case receipt by the IRD pursuant to DoDI 1400.25 Volume 1614. (T-0) When

DAFI36-2710 23 MAY 2024 83

complaints are amended or additional complaints are consolidated with a complaint under

investigation, investigations are completed, and ROIs issued within 120 calendar days of

the last amendment or consolidation. (T-0) The IRD will provide electronic copies of the

ROI. Installation EO directors will download the completed ROI immediately upon

notification of completion. (T-1) Note: Per DoDI 1400.25 Volume 1614, DoD designated

120 calendar days of the 180 calendar days for IRD to conduct the investigations, allotting

the remaining 60 calendar days for the agency to submit an IRD investigation request (30

calendar days) and IRD to assign an investigator to the case (30 calendar days).

3.15.14.2. AFCARO is responsible for redaction and sanitation of the ROI pursuant to 29

CFR Part 1611 and 5 USC § 552a. (T-0) AFCARO will not release any legal reviews to

the complainant and/or the complainants’ legal representatives, the EEOC, or opposing

counsel. (T-1) AFCARO will not include any legal review in the ROI. (T-1)

3.15.14.3. Pursuant to 29 CFR § 1614.108(f) timelines, AFCARO, within 30 calendar days

of receipt of the ROI, will provide the complainant and/or the complainant’s legal

representative a copy of the ROI along with notice of further rights under 29 CFR §

1614.108(f), § 1614.110, and § 1614.302(d)(2). (T-0) AFCARO will ensure the notice to

the complainant and/or the complainant’s legal representative advises them that the

complainant has the right to request a hearing and decision from an administrative judge

or may request an immediate final agency decision pursuant to § 1614.110 from the agency

with which the complaint was filed. (T-0)

3.15.14.4. Installation EO directors and EO practitioners will not redact ROIs on behalf of

AFCARO to ensure neutrality. (T-1) Installation EO directors are not authorized and will

not provide a copy of the ROI to complainants and/or the complainants’ legal

representatives or make their own redacted or sanitized copies. (T-1) Installation EO

directors will not release legal reviews to the complainant and/or the complainants’ legal

representatives, the EEOC, or opposing counsel. (T-1) Installation EO directors will not

include the legal review in the ROI. (T-1)

3.15.15. Complainant Dissatisfaction Regarding Processing of Pending Complaints.

Complainants that are dissatisfied with the processing of a pending complaint are addressed

pursuant to 29 CFR § 1614.107(a)(8) and EEOC MD 110 Chapter 5, Part IV(D), Claims of

Dissatisfaction Regarding Processing of Pending Complaint.

3.15.15.1. A complainant must raise any dissatisfaction with the processing of their

complaint before the administrative judge issues a decision on that complaint, the agency

takes final action on the complaint, or either the administrative judge or the agency

dismisses the complaint. (T-0)

3.15.15.2. If a complainant is dissatisfied with the processing of their pending complaint,

whether it alleges prohibited discrimination as a basis for dissatisfaction, the complainant

should be referred to the installation/center commander (director) or designee. (T-0)

3.15.15.3. The installation/center commander (director) or designee will promptly resolve

the concerns of dissatisfaction with the complaints process as early and expeditiously as

possible. (T-0)

3.15.15.4. The installation/center commander (director) or designee will provide a written

response to the complainant indicating the actions taken to promptly resolve the concerns

84 DAFI36-2710 23 MAY 2024

(T-1) The installation/center commander (director) or designee will provide the installation

EO director a copy of the written response to attach to the complaint files maintained on

the underlining complaint. (T-0) A record of the complainant’s concerns and any actions

taken to resolve the concerns must be made a part of the complaint file. (T-1) If no action

is taken, the file must contain an explanation for not taking any action. (T-1)

3.15.15.5. A complainant must always raise their concerns first with the agency. However,

in cases where the complainant's concerns have not been resolved informally with the

agency, the complainant may present those concerns to the EEOC at either of the following

stages of processing: where the complainant has requested a hearing, to the EEOC’s

administrative judge when the complaint is under the jurisdiction of the administrative

judge; or where the complainant has not requested a hearing, to the EEOC/OFO on appeal.

(T-0)

3.16. EEOC Hearings. Complainants have the right to request hearings with EEOC

administrative judges throughout the formal complaint process pursuant to 29 CFR § 1614.109, §

1614.108(f), § 1614.108(g), § 1614.108(h), and as outlined in other sections within 29 CFR Part

1614 where applicable. (T-0) The hearing is an adjudicatory proceeding that completes the process

of developing a full and appropriate record; provides the parties with a fair and reasonable

opportunity to explain and supplement the record and, in appropriate instances, to examine and

cross-examine witnesses; and allows an EEOC administrative judge to adjudicate claims of

discrimination and issues decisions pursuant to 29 CFR § 1614.109. Unless the agency issues a

final order within 40 calendar days of receipt of the administrative judge's decision in a non-class

action pursuant to 29 CFR § 1614.110(a), the administrative judge's decision becomes the final

action of the agency. Refer to 29 CFR § 1614.109 and EEOC MD 110 Chapter 7, Hearings, for

additional guidance.

3.16.1. Complainants must submit the hearing request directly to the respective EEOC district

or field office having jurisdiction over the geographic area in which the complaint arose, as set

forth in EEOC MD 110 Appendix N, Equal Employment Opportunity Commission Offices and

Geographic Jurisdictions for Federal Employee and Applicant Hearing Requests and provide

a copy of the request to AFCARO per 29 CFR § 1614.108(h). (T-0)

3.16.2. Within 15 calendar days of its receipt of a copy of the complainant's request for a

hearing sent to an EEOC district or field office, AFCARO will electronically send an

acknowledgement to the respective EEOC district office that includes the name, address and

telephone number of the agency representative and a tabbed copy of the complaint file,

including the investigative file. (T-0) AFCARO will also include instructions to send the

administrative judge’s final decision and two copies of the hearing transcript to AFCARO.

(T-1)

3.16.2.1. If an installation EO director receives a request for a hearing from a complainant,

the installation EO director will immediately electronically transmit any request for a

hearing to AFCARO. (T-0)

3.16.2.2. With few exceptions, AFCARO will prepare and submit complaint files to EEOC

for hearings. (T-1) AFCARO will track the 30-calendar day period for the complainant to

elect further processing options. (T-1)

DAFI36-2710 23 MAY 2024 85

3.16.2.3. AFCARO is also responsible for the dissemination of the ROI along with notice

of further rights under 29 CFR § 1614.108(f), § 1614.110, and § 1614.302(d)(2) to the

complainant and/or the complainant’s legal representative. (T-0) Refer to paragraphs

3.15.14.2 and 3.15.14.3 for additional guidance.

3.16.3. AFCARO will apprise the installation EO director of hearing processes including

requests and submissions for the installation EO director to accurately reflect case information

in the AF EONet and case file. (T-1)

3.16.4. If a complainant does not request an EEOC hearing or final agency decision (FAD)

without a hearing within 30 calendar days of receipt of the ROI pursuant to 29 CFR §

1614.108(f), AFCARO will notify the complainant that a FAD will be issued within 60

calendar days from the end of the 30-calendar day request period and that further rights will

be provided at that time. (T-0)

3.16.5. Agency Legal Representation. Pursuant to AFI 51-301, Civil Litigation, any

appearance or representation before the EEOC, of the filing of briefs, motions, or other

pleadings with the EEOC are conducted by an attorney authorized by the DAF Civil Law and

Litigation Directorate (AF/JACL). (T-1) AFCARO will coordinate with the AF/JACL for

litigation of DAF EEO cases where a hearing is requested, or a case has been appealed. (T-1)

All parties are responsible for obtaining legal guidance regarding the processes of complaints

and discrimination. (T-1)

3.16.6. Hearing Logistics. Installation EO directors will, in coordination with the agency

representative, make all needed arrangements for hearings as outlined in EEOC MD 110

Chapter 7. (T-0) The installation EO office and the respective installation CPS will assist the

agency representative with responding to discovery requests, dispositions, and responses to

EEOC orders. (T-0) Refer to EEOC MD 110 Chapter 7 for additional guidance.

3.17. Final Agency Actions Following a Decision by an Administrative Judge. When an

EEOC administrative judge has issued a decision under § 1614.109(b), (g), or (i), the agency shall

take final agency action (FAA) on the complaint by issuing a final agency order (FAO) within 40

calendar days of receipt of the hearing and the administrative judge's decision pursuant to 29 CFR

§ 1614.110. (T-0)

3.17.1. AFCARO is the DAF’s official authority for all phases of the formal complaint process

subsequent to issuance of a report of investigation. (T-1)

3.17.2. Upon receipt of the EEOC administrative judge’s decision, AFCARO will advise the

installation EO director of the pending FAA issue date to meet the EEOC 40-day requirement.

(T-0) AFCARO will also provide a copy of the EEOC administrative judge’s decision to the

AF/JACL. (T-1)

3.17.3. AFCARO will prepare all FAAs for review and signature by the SAF/MRB. (T-1) All

proposed FAAs will be reviewed for legal sufficiency by an authorized DAF attorney before

submission to SAF/MRB for signature. (T-1) AFCARO will ensure all FAAs resulting from

findings of discrimination by an EEOC administrative judge are coordinated for appeal before

SAF/MRB issues a final order. (T-1)

3.17.4. When a FAO is issued, AFCARO will ensure the FAO informs the complainant

whether or not the agency will fully implement the decision of the EEOC administrative judge

86 DAFI36-2710 23 MAY 2024

and will contain notice of the complainant's right to appeal to the EEOC, the right to file a civil

action in federal district court, the name of the proper defendant in any such lawsuit, and the

applicable time limits for appeals and lawsuits. (T-0) AFCARO will ensure a copy of EEOC

Form 573, Notice of Appeal/Petition, is attached to the FAO. (T-0)

3.17.5. If the FAO does not fully implement the decision of the EEOC administrative judge,

then the agency shall simultaneously file an appeal in accordance with 29 CFR § 1614.403 and

append a copy of the appeal to the FAO pursuant to 29 CFR § 1614.110(a). (T-0) AFCARO

will coordinate with the AF/JACL for litigation of DAF EEO cases where a case has been or

will be appealed. (T-1)

3.18. Final Agency Decision Without a Hearing. If a complainant requests a final agency

decision (FAD) by the agency without an EEOC hearing or the complainant does not reply to the

notice issued under 29 CFR § 1614.108(f) pursuant to 29 CFR § 1614.110(b), AFCARO will issue

the complainant a FAD addressing all claims in the complaint, including its rationale for

dismissing claims, if any, and its findings on the merits of the remainder of the complaint. (T-0)

The complainant may appeal the agency's decision, including any partial dismissals, to the EEOC.

3.18.1. AFCARO will issue the FAD within 60 calendar days of receiving notification that a

complainant has requested an immediate decision from the agency, or within 60 calendar days

of the end of the 30-day period for the complainant to request a hearing or an immediate final

decision where the complainant has not requested either a hearing or a decision. (T-0) When

the complainant has elected a FAD and after reviewing the case file AFCARO determines the

case is missing documents to adjudicate the case, installation EO directors will have seven

calendar days to provide the requested documents to AFCARO. (T-1)

3.18.2. The FAD will contain notice of the right to appeal the final action to the EEOC, the

right to file a civil action in federal district court, the name of the proper defendant in any such

lawsuit, and the applicable time limits for appeals and lawsuits. (T-0) AFCARO will ensure a

copy of EEOC Form 573 is attached to the FAD. (T-0)

3.18.3. For the EO office to remain autonomous from the legal analyses necessary for reaching

final agency decisions and maintain neutrality, installation EO directors and EO practitioners

will not be responsible for nor authorized to draft or sign FADs. (T-0)

3.18.4. Refer to 29 CFR § 1614.110(b) and EEOC MD 110 Chapter 5 Section VI(B), Final

Actions in All Other Circumstances, for additional guidance.

3.19. Compliance with EEOC Orders and DAF Final Agency Actions. AFCARO will serve

as the responsible office to respond to and ensure compliance with all EEOC orders and DAF

FAAs (e.g., FADs, FAOs) on behalf of the DAF. (T-1) Other DAF offices that receive an EEOC

order will immediately transmit the order to AFCARO. (T-1) AFCARO will identify actions

necessary to establish compliance with EEOC orders and DAF FAAs and will maintain

responsibility for submitting interim and final compliance reports to the EEOC. (T-0)

3.19.1. Installation commanders (or equivalents) will implement EEOC orders and DAF

FAAs to include determining whether the responsible organization will comply with the EEOC

order. (T-1)

3.19.2. AF/JACL or the installation SJA will draft compensatory damages, attorney’s fee, and

discipline determinations for installation commander signature. (T-1) AF/JACL or the

DAFI36-2710 23 MAY 2024 87

installation SJA will provide signed determination letters to AFCARO and will courtesy copy

the installation EO office. (T-1)

3.19.3. To ensure EO office statutory neutrality and to remain autonomous from the legal

analyses necessary for reaching final agency decisions, installation EO directors and EO

practitioners will not draft or sign post-IRD investigation final agency decisions on behalf of

the DAF. (T-0) Installation EO directors and EO practitioners will not implement actions from

EEOC orders outside of the DAF EO Program purview. (T-1)

3.19.4. The EEOC may issue orders to remand EEO complaints back to the agency for further

processing for reasons such as incomplete records requiring additional information and

dismissed claims that were reversed as described in EEOC MD 110 Chapter 9, Appeals to the

Commission. Upon receipt of such EEOC orders, AFCARO will apply suspenses to the orders

and will send to the respective installation EO office for action. (T-1) The installation EO

office, in coordination with the installation SJA, will immediately implement the AFCARO

directed actions and provide any required documentation. (T-0)

3.19.5. For EEOC orders and DAF FAAs involving findings of discrimination and EEOC

decisions involving default judgments and/or monetary sanctions, the installation EO office,

in coordination with the servicing installation SJA and CPS, will inform the installation

commander of the installation commander’s responsibility to implement the action(s) as

directed by AFCARO. (T-1)

3.20. Negotiation of Settlements. Pursuant to 29 CFR § 1614.603, DAF will make reasonable

efforts to voluntarily settle complaints of discrimination as early as possible in, and throughout,

the administrative processing of complaints, including the pre-complaint counseling stage. (T-0)

Any settlement reached between the parties will be in writing and signed by both parties and will

identify the claims resolved. (T-0) Accordingly, the DAF has general authority to settle EEO

complaints during the pre-complaint and formal complaint processes. (T-0)

3.20.1. Pursuant to 29 CFR § 1614.504, any settlement agreement knowingly and voluntarily

agreed to by the parties, reached at any stage of the complaint process, will be binding on both

parties. (T-0) Settlements may not involve waiver of remedies for future violations. (T-0)

Terms which further restrict management’s ability to disclose settlement terms to those with a

legitimate need to know are discouraged. (T-1)

3.20.2. Settlements of age discrimination complaints must comply with the requirements of

the Age Discrimination in Employment Act and Older Workers Benefits Protection Act (29

USC § 626). This includes complying with 29 USC § 626 requirements involving waivers of

claims; that is, a waiver in settlement of an age discrimination complaint must be knowing and

voluntary. (T-0)

3.20.3. Settlements reached through ADR proceedings are subject to the provisions of the

Administrative Dispute Resolution Act of 1996 and DAFI 51-1201. (T-0)

3.20.4. All civilian EEO settlements are subject to the provisions of the Privacy Act of 1974.

(T-0)

3.20.5. Settlement Authorities. A DAF official is properly a settlement authority if they have

the authority to grant the scope of the remedy requested. (T-1) If an expenditure of funds is

contemplated and installation commanders wish to delegate their authority for complaint

88 DAFI36-2710 23 MAY 2024

resolution, such delegation must be documented in writing and copies provided to AFCARO

and AF/JACL. (T-1) In complaints where the RMO is in the grade colonel (O-6) or above (and

civilian equivalents), the commander with administrative control over the complainant is the

primary settlement authority; such authority may be delegated to subordinate personnel in

coordination with the servicing legal office and the management representative. (T-1) The

servicing legal office may coordinate with AF/JACL, as needed. AF/JACL should coordinate

with AF/JAC and Office of the Air Force General Counsel, Fiscal and Administrative Law

Division (SAF/GCA) as appropriate. The individuals named as the RMO in a complaint cannot

be a settlement authority on the same case in which they were named. (T-0)

3.20.6. Pre-Complaint Settlement. Installation EO director, in coordination with the

installation SJA management representative, complainant, and the complainant’s

representative may negotiate a settlement of the complaint prior to the formal complaint

process within the parameters set by the settlement authority. (T-1) The installation SJA

management representative or other designated legal representative is responsible for assisting

the parties by drafting the settlement agreement for signature. (T-1) The DAF settlement

authority will ensure the settlement agreement is implemented. (T-0) If a pending settlement

agreement is not implemented or resolved pursuant to 29 CFR § 1614.105 timelines, the

aggrieved person will receive a final interview and Notice of Right to File a Formal Complaint

and DD Form 2655 explaining how to file a formal complaint. (T-0)

3.20.7. Formal Complaint Settlement. After a formal complaint is filed, the agency

representative has the authority to negotiate settlement of the complaint through negotiation,

ADR, or other approaches within parameters set by the settlement authority. (T-0)

3.20.7.1. The installation SJA management representative or other designated legal

representative is responsible for assisting the parties by drafting the settlement agreement

for signature. (T-1) The DAF settlement authority will ensure the settlement agreement is

implemented. (T-0)

3.20.7.2. Installation EO directors or agency representatives will provide a copy of any

finalized settlement agreements to AFCARO within 30 calendar days of signature for

formal complaints. (T-1) Installation EO Directors will also inform IRD as well as the

assigned IRD investigator when a formal complaint currently under investigation is settled

as outlined in DoDI 1400.25 Volume 1614. (T-0)

3.20.7.3. Additionally, IRD investigators and EEOC administrative judges may also seek

to resolve the complaint through settlement proceedings with relevant parties during the

investigation or hearing phase of the complaint process. (T-0)

3.20.8. Draft settlement agreements are available in the DAF ADR Compendium and on the

AFPC EO Operations SharePoint at https://usaf.dps.mil/teams/14101/SitePages/Home.aspx

and/or contact your respective MAJCOM/FLDCOM EO functional manager or AFPC EO

Operations. Coordination procedures, signature actions, and documentation processes and

dissemination for settlement agreements can be found on the AFPC EO Operations SharePoint

and/or contact your respective MAJCOM/FLDCOM EO functional manager or AFPC EO

Operations.

3.20.9. Coordination of Personnel Actions Resulting from Settlement. Prior to the settlement

authority signing the settlement agreement, the installation EO director or agency

DAFI36-2710 23 MAY 2024 89

representative will obtain the coordination of the installation SJA, CPS, and AFPC (if

appropriate) on any personnel action(s) taken or pending as result of the settlement agreement.

(T-1) Such coordination will not include a determination on the merits of the case or on the

settlement. (T-0) For settlement agreements resulting from ADR, the agreement may be signed

prior to formal coordination, contingent upon subsequent coordination and approval. (T-1)

However, settlements of age discrimination complaints must also comply with the

requirements of the Older Workers Benefits Protection Act (29 USC § 626), which grants an

additional 20 calendar days to complainants citing age as a basis. (T-0)

3.20.10. Settlement Terms Coordination. Settlement terms involving personnel actions or

personnel processes are coordinated with the appropriate servicing CPS or human relations

office (HRO), and AFPC (if appropriate). (T-1) Settlement terms involving financial matters,

including monetary payments, are coordinated with the appropriate financial management

office. (T-1) Compensatory damages and payment of other monetary relief are paid from the

installation operating and maintenance funds. (T-1) Settlement terms that involve other offices

or agencies are coordinated, as necessary. (T-1) If the settlement binds organizations outside

of the purview of the respective commander (and civilian equivalent), the installation EO

director or agency representative will obtain written concurrence of an authorized official

within that organization before the settlement agreement is signed. (T-1) If settlement

agreements involve life insurance, health benefits, and/or Thrift Savings Plans, they must be

coordinated through AFPC. (T-1) AFPC requires a minimum 24-hour turnaround to ensure

retirement contributions and computations are processed appropriately.

3.20.11. Compliance with Settlement Agreements. Pursuant to 29 CFR § 1614.504, any

settlement agreement knowingly and voluntarily agreed to by the DAF and the complainant,

reached at any stage of the complaint process, will be binding on both parties. (T-0)

3.20.11.1. Installation EO directors will ensure the review of the terms of settlement and

determine the office(s) responsible for executing the agreement and provide each with a

copy of the section of the settlement agreement pertinent to that office. (T-1)

3.20.11.2. Installation EO directors will ensure the collection of documentation from the

responsible office(s) indicating implementation of their action and will retain it along with

the original settlement agreement in accordance with the Air Force Records Disposition

Schedule. (T-1)

3.20.11.3. Installation EO directors, in coordination with CPS/HRO, will transmit copies

of the signed settlement agreement requiring action by the Defense Finance Accounting

Services (DFAS) to the servicing DFAS civilian payroll office with a copy of the Standard

Form 50-B, Notification of Personnel Action. (T-1)

3.20.12. Claims of Noncompliance with Settlement Agreements. If a complainant believes that

the agency has failed to comply with the terms of a settlement agreement or decision, the

complainant will notify the installation EO director in writing of the alleged noncompliance

within 30 calendar days of when the complainant knew or should have known of the alleged

noncompliance pursuant to 29 CFR § 1614.504. (T-0) The complainant may request that the

terms of settlement agreement be specifically implemented or, alternatively, that the complaint

be reinstated for further processing from the point processing ceased. (T-0)

90 DAFI36-2710 23 MAY 2024

3.20.12.1. Installation EO directors will ensure claims of breach of settlement agreements

are expeditiously addressed pursuant to 29 CFR § 1614.504. (T-0)

3.20.12.2. Upon receipt of written notice by a complainant that specific provision(s) of a

settlement agreement are alleged to have been breached, installation EO directors will

ensure fact-finding is conducted to determine if additional action is required to implement

the agreement fully. (T-0)

3.20.12.3. ADR may be used to resolve claims of breach of settlement agreements if the

matter is determined to be appropriate for ADR. (T-0)

3.20.12.4. Installation EO directors will provide a written decision signed by the

installation commander (or designee) to the complainant within 30 calendar days on the

determination as to whether the installation is in breach and/or efforts to resolve the matter.

(T-0) Installation EO directors will ensure that the complainant is advised of their right to

appeal the decision to the EEOC for a determination as to whether the terms of the

agreement were breached per 29 CFR § 1614.504(b) and provide the complainant a copy

of EEOC Form 573. (T-0)

3.20.12.5. If the agency has not responded to the complainant in writing or if the

complainant is not satisfied with the agency's attempt to resolve the matter, the complainant

may appeal to the EEOC for a determination as to whether the agency has complied with

the terms of the settlement agreement or decision pursuant to 29 CFR § 1614.504(b). (T-0)

3.20.12.6. Upon receipt of a copy of the appeal to the EEOC from the complainant, the

agency may submit a response to the EEOC within 30 calendar days of receiving notice of

the appeal. (T-0)

3.21. Alternative Dispute Resolution in the Formal Complaint Process. Complainants may

elect the use of ADR in the formal process at any point prior to completion of the investigative

process, or before AFCARO renders a FAD or FAA. (T-0) Before conducting a formal

investigation, IRD investigators will pursue settlement through ADR procedures with the

concurrence of the parties as described in DoDI 1400.25 Volume 1614. (T-0)

3.22. Formal Complaint Appeals. 29 CFR § 1614.401(a)(e) identifies those entitled to file

appeals to the EEOC and 29 CFR § 1614.402(a) provides that appeals to the EEOC must be filed

by complainant within 30 calendar days of receipt of an agency's FAA (i.e., a dismissal, FAD,

FAO, or final determination). (T-0) The complainant on appeal will furnish a copy of the appeal

to DAF at the same time it is filed with the EEOC pursuant to 29 CFR § 1614.403(b). (T-0) Refer

to EEOC MD 110 Chapter 9, Appeals to the Commission, for additional guidance.

3.22.1. AF/JACL (to include servicing SJA) has primary responsibility as the DAF

representative in all appeals initiated by a complainant under 29 CFR § 1614.401(a). (T-1)

3.22.2. AFCARO is the central receipt point for all appeals and conducts coordination of

complaint appeal information between the installation EO director, AF/JACL, SJA, SAF/GCA

(as appropriate), and EEOC in accordance with 29 CFR § 1614.403. AFCARO will establish

a suspense for DAF responses to appeals. (T-1)

3.22.3. The EEOC/OFO will issue a written decision on appeals pursuant to 29 CFR §

1614.405. (T-0) An unfavorable decision for DAF on an EEOC appeal will be processed for

DAFI36-2710 23 MAY 2024 91

possible request for reconsideration. (T-1) Refer to paragraph 3.24 for additional guidance

on request for reconsideration.

3.23. Agency Appeals. The Director of the Air Force Review Board Agency (SAF/MRB) is the

final decision authority on all appeals to the EEOC initiated by the DAF. (T-1) Although

SAF/MRB makes the final decision on agency appeals, SAF/MRB will notify SAF/GCA of a

proposed decision not to support AF/JACL (or in rare circumstances, a servicing legal office)

recommended agency appeal in sufficient time to elevate that decision if necessary. (T-1)

3.23.1. AF/JACL (or in rare circumstances, a servicing legal office) has primary responsibility

as agency representative before the EEOC in all agency-initiated appeals. (T-1)

3.23.2. A DAF FAO that does not fully implement the decision of an EEOC administrative

judge must be accompanied by a simultaneous appeal to the EEOC pursuant to 29 CFR §

1614.110(a). (T-0) The EEOC Form in EEOC MD 110 Appendix O, Notice of Appeal - Agency

to the Equal Employment Opportunity Commission Office of Federal Operations, will be used

for the appeal. (T-0)

3.23.3. If the EEOC grants the agency appeal, AFCARO will notify the relevant agency

parties. (T-0) If the EEOC denies the agency appeal, AFCARO will initiate action to establish

compliance and notify the parties of their right to request for reconsideration. (T-0)

3.23.4. Upon receipt of an EEOC decision of a finding of discrimination, AFCARO will

forward and coordinate the decision within the DAF. (T-1)

3.24. Requests for Reconsideration. Pursuant to 29 CFR § 1614.405(c), an EEOC decision of

an appeal under 29 CFR § 1614.405(a) is final within the meaning of 29 CFR § 1614.407 unless a

timely request for reconsideration is filed by a party to the case. (T-0) A party may request

reconsideration and any supporting statement or brief must be filed with the EEOC/OFO within

30 calendar days of receipt of a EEOC decision, which the EEOC in its discretion may grant

pursuant to 29 CFR § 1614.405(c). (T-0) A request for reconsideration is not a second appeal to

the EEOC. (T-0) The EEOC's decision on a request for reconsideration is final and there is no

further right by either party to request reconsideration. (T-0) Refer to EEOC MD 110 Chapter 9

Section VII, Reconsideration, for additional guidance.

3.24.1. Recommendations to file a request for reconsideration are based on the grounds

identified by the EEOC in 29 CFR § 1614.405(c).

3.24.2. AF/JACL (or in rare circumstances, a servicing legal office) makes recommendations

for request for reconsideration to AFCARO within three calendar days of receipt of the

decision from AFCARO. (T-1)

3.24.3. SAF/MRB is the decision authority for recommendations for request for

reconsideration submitted by AF/JACL (or in rare circumstances, a servicing legal office).

(T-1) SAF/MRB will consults with SAF/GCA in its evaluation of recommendations for request

for reconsideration. (T-1)

3.24.4. If SAF/MRB accepts recommendations for request for reconsideration, AFCARO will

file the request for reconsideration with the EEOC within 30 calendar days of receipt of the

appellate decision by the AFCARO pursuant to 29 CFR § 1614.405(b). (T-0)

3.24.5. Upon disposition of the request for reconsideration by the EEOC, AFCARO will notify

the relevant agency parties of the disposition for appropriate action. (T-1)

92 DAFI36-2710 23 MAY 2024

3.25. Class Action Complaints. Aggrieved individuals have the right to file a class action

complaint (also referred to as class complaint) pursuant to 29 CFR § 1614.204. (T-0) Class action

complaints are written complaints of discrimination filed on behalf of the class by the agent of the

class, alleging that the class is so numerous that a consolidated complaint by the members of the

class is impractical, that there are questions of fact common to the class, that the claims of the

agent of the class are typical of the claims of the class, and that the agent of the class and, if

represented, the representative will fairly and adequately protect the interests of the class. (T-0)

Class action complaints are different from individual complaints. The DAF will process class

action complaints pursuant to 29 CFR § 1614.204 and EEOC MD 110 Chapter 8, Complaints of

Class Discrimination in the Federal Government. (T-0) Aggrieved individuals who wish to file a

class action complaint must seek counseling and be counseled in pursuant to 29 CFR § 1614.105.

(T-0) EO practitioners will not attempt to dissuade the aggrieved individual from filing a

complaint. (T-0)

3.25.1. Pre-Complaint Class Action Complaint Procedures. When an aggrieved individual

files a class action complaint, the installation EO director will provide written notification

within three calendar days to SAF/MRQ, AFCARO, AFPC EO Operations, AF/JACL,

SAF/GCA, respective MAJCOM/FLDCOM EO functional manager, respective installation

CPS or HRO, and installation SJA. (T-1) The notification will include the complainant’s name

(if releasable), the name of the complainant’s representative, the docket number, the date of

initial contact, identification of the class, and claim(s) raised. (T-1)

3.25.1.1. When notified of a class action complaint, AF/JACL designates an attorney to

represent the DAF and the servicing SJA designates a local attorney to assist AF/JACL

attorney. (T-1)

3.25.1.2. Installation EO directors will attempt to resolve individual claims and personal

concerns of the aggrieved individual through pre-complaint processing pursuant to 29 CFR

§ 1614.105, and EEOC MD 110, Chapter 2 and 8 with one exception to the mandatory

counseling prerequisite allowing a complainant to move for class certification at any

reasonable point in the process when it becomes apparent that there are class implications

to the claim raised in an individual complaint pursuant to 29 CFR § 1614.204(b). (T-0) If

the complainant moves for class certification after completing the counseling process

contained in 29 CFR § 1614.105, no additional counseling is required pursuant to 29 CFR

§ 1614.204. (T-0) Before attempting to resolve class-wide concerns, installation EO

directors will first coordinate any proposed action(s) with AF/JACL, SAF/MRQ, AFPC

EO Operations, and their MAJCOM/FLDCOM EO functional manager. (T-1)

3.25.1.3. If an installation EO director receives an individual complaint that they believe

is related to a pending class action complaint, the installation EO director will notify

SAF/MRQ, AFPC EO Operations, AF/JACL, respective MAJCOM/FLDCOM EO

functional manager, and installation SJA. (T-1) The notification will include the concern(s)

involved and the basis(es) of the individual complaint and provide a synopsis of the reasons

why the individual complaint is related to a pending class complaint. (T-1) Where

appropriate, SAF/MRQ and AF/JACL will provide guidance on processing individual

complaints related to pending class complaints. (T-1)

3.25.1.3.1. When a complainant who is a potential member of a class action files an

individual complaint between the time a class complaint is filed and a final certification

DAFI36-2710 23 MAY 2024 93

decision is issued, the agency (i.e., SAF/MRQ and AF/JACL) must determine whether

there are claims in the individual complaint that are identical to those that are presented

in the class complaint. (T-0)

3.25.1.3.1.1. If the agency determines that claims in the individual and class

complaints are identical, then the installation EO director will provide a written

notification to the complainant that the portion of the complaint raising claims

identical to the class complaint will be held in abeyance during the pendency of the

decision to accept or reject the class complaint. (T-0) The notification to the

complainant will include their right to appeal the abeyance determination with the

EEOC. (T-0) The agency decision must also contain, at a minimum, a description

of the individual claims at issue; a description of the class complaint with the

definition of the putative class; the class complaint counseling report; and the status

of the class action, including the EEOC field office to which the class complaint

has been sent for a determination on certification, if applicable. (T-0) Refer to

EEOC MD 110 Chapter 8 Section III, Individual Complaints Filed on Bases and

Issues Identical to Class Complaints, for additional guidance. For a letter template,

refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your

respective MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.25.1.3.1.2. If the agency finds that the claim in the individual complaint is not

identical to the class claim, then the individual complaint will continue to be

processed by the agency. (T-0)

3.25.1.4. The installation EO director will first coordinate with SAF/MRQ, AF/JACL,

AFPC EO Operations, and respective MAJCOM/FLDCOM EO functional manager on

intended limited inquiry techniques and information (e.g., personnel records and/or other

written documentation and/or conducting witness interviews) to be gathered prior to

conducting the limited inquiry.

3.25.1.5. Before conducting the final interview with the aggrieved individual, installation

EO directors will prepare a draft report for coordination with the installation SJA, CPS,

respective MAJCOM/FLDCOM EO functional manager, AFPC EO Operations,

SAF/MRQ, and AF/JACL. (T-1) The report will include, at a minimum, the following:

class claim(s), basis(es), definition of the proposed class, information as to potential class

size, how the class agent’s claim(s) reflect claims of class (commonality and typicality),

and adequacy of representation of the class. (T-1)

3.25.1.6. During the final interview, installation EO directors will provide aggrieved

individuals with a Notice of Right to File a Class Complaint letter and advise that the formal

class action complaint must be filed not later than 15 calendar days after the agent’s receipt

of the notice of right to file a class complaint pursuant to 29 CFR § 1614.204(c). (T-0) For

a letter template, refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.25.2. Formal Class Action Complaints Procedures. AF/JACL provides legal advice on all

administrative class action complaint matters for the DAF and designates an agency

representative for serviced bases. (T-1) SAF/MRQ, in coordination with SAF/GCA, assists

94 DAFI36-2710 23 MAY 2024

AF/JACL in preparing the DAF’s position statements and briefs in class complaint

proceedings, as appropriate. (T-1) The CPS or HRO (or designee) serves as a technical

representative for class action complaints and ensures applicable personnel records are

maintained while class action complaints are pending. (T-1)

3.25.2.1. A formal class action complaint must be filed with the installation EO director

not later than 15 calendar days after the class agent’s receipt of the notice of right to file a

class complaint pursuant to 29 CFR § 1614.204(c). (T-0) A class complaint must be signed

by the class agent or representative and must identify the policy or practice adversely

affecting the class as well as the specific action or matter affecting the class agent. (T-0)

3.25.2.2. Upon receipt of a formal class action complaint, the installation EO director will

forward not later than three calendar days the original and one copy of the case file to

AF/JACL, one copy to SAF/MRQ via AFPC EO Operations, one copy to AFCARO, and

one copy to the respective MAJCOM/FLDCOM EO functional manager. (T-1) The

installation EO director will also provide written notification to the installation CPS or

HRO and SJA that a formal class action complaint has been filed. (T-1)

3.25.2.3. Within 30 calendar days of receipt of the formal class action complaint,

AF/JACL will designate an agency representative pursuant to 29 CFR § 1614.204. (T-0)

Within 30 calendar days of receipt of the formal class action complaint, agency

representative, in coordination with SAF/MRQ and AF/JACL, will forward the complaint;

copy of the counselor's report; DAF’s recommendation to accept or dismiss pursuant to 29

CFR § 1614.107 and 1614.204(a)(2); instructions to EEOC to send its notice of dismissal

or acceptance to AFCARO; and any other information pertaining to timeliness or other

relevant circumstances related to the complaint to the appropriate EEOC district office.

(T-0) The agency representative will provide copies of all documentation submitted to the

EEOC to SAF/MRQ, AF/JACL, AFCARO, and the installation EO director. (T-1)

3.25.2.4. Pursuant to 29 CFR § 1614.204(d)(7) an EEOC administrative judge will

transmit their decision to accept or dismiss a complaint to the agency and the class agent.

(T-0) Immediately upon receipt of the dismissal/acceptance decision, AFCARO will

forward it to SAF/GCA and AF/JACL. (T-1)

3.25.2.4.1. AFCARO will issue a FAO within 40 calendar days after receipt of the

EEOC administrative judge's decision. (T-0) AFCARO will notify the class agent of

FAO along with their rights associated with the decision. (T-0) AFCARO will also

provide AF/JACL and the installation EO director a copy of the FAO and notification

to the class agent. (T-1)

3.25.2.4.2. If the FAO does not implement the EEOC administrative judge’s decision

to accept a class complaint, the DAF through AF/JACL will simultaneously appeal the

decision pursuant to 29 CFR § 1614.204(d)(7) and § 1614.403. (T-1) The class agent

may appeal dismissal of a class complaint to the EEOC or file a civil action. (T-0)

3.25.2.4.3. A complaint dismissed as a class action complaint may be filed as an

individual complaint and processed accordingly, or dismissed as an individual

complaint if one or more grounds exist pursuant to 29 CFR § 1614.107(a). (T-0)

DAFI36-2710 23 MAY 2024 95

3.25.2.5. Pursuant to 29 CFR § 1614.204(h), the EEOC administrative judge shall set a

date for hearing of an accepted class action complaint. (T-0) The installation EO director

will provide logistical support by making arrangements for the hearing in coordination with

AF/JACL and other identified stakeholders. (T-1)

3.25.2.6. Pursuant to 29 CFR § 1614.204(i), the EEOC administrative judge will transmit

to the agency and class agent a decision on the complaint, including findings, systemic

relief for the class and any individual relief, where appropriate, with regard to the personnel

action or matter that gave rise to the complaint. (T-0) AFCARO, as the designated DAF

agency representative, will immediately notify SAF/MRQ and AF/JACL of EEOC

administrative judge’s decision and provide copies of the report as appropriate. (T-1)

3.25.2.6.1. Within 60 calendar days of receipt of the EEOC administrative judge's

decision on the complaint, AFCARO will issue a FAO and notify the class agent

whether or not the agency will fully implement the EEOC administrative judge’s

decision and shall contain notice of the class agent's right to appeal to the EEOC, file

a civil action in federal district court, the name of the proper defendant in any such

lawsuit, and the applicable time limits for appeals and lawsuits pursuant to 29 CFR §

1614.204(j)-(k). (T-0) AFCARO will also provide AF/JACL and the installation EO

director a copy of the FOA and notification to the class agent. (T-1)

3.25.2.6.2. If the final agency order does not fully implement the EEOC administrative

judge’s decision, the DAF through AF/JACL will simultaneously file an appeal

pursuant to 29 CFR § 1614.403 and append a copy of the appeal to the FAO. (T-0) A

copy of EEOC Form 573 shall be attached to the FAO. (T-0)

3.25.2.6.3. If an agency does not issue a FAO within 60 calendar days of receipt of the

EEOC administrative judge's decision, then the decision of the EEOC administrative

judge shall become the final action of the agency. (T-0)

3.26. Mixed Case EEO Complaints and Appeals. Pursuant to 29 CFR § 1614.302(a)(1), a

mixed case complaint is a complaint of employment discrimination filed with a federal agency

based on race, color, religion, sex, national origin, age, disability, or genetic information related to

or stemming from an action that can be appealed to the Merit Systems Protection Board (MSPB).

(T-0) An aggrieved individual may file a mixed case complaint with an agency pursuant to 29

CFR § 1614.302 or an appeal on the same matter with the MSPB pursuant to 5 CFR § 1201.151,

but not both. (T-0) Whichever action the aggrieved individual files first in writing shall be

considered an election to proceed in that forum. (T-0) A mixed case complaint uses the civilian

EEO formal complaint process. Receiving pre-complaint counseling does not constitute an

election; filing a formal EEO complaint constitutes an election. (T-1) Processing of mixed case

pre-complaint and formal complaints will be conducted pursuant to 29 CFR § 1614.302 and EEOC

MD-110 Chapter 4, Procedures for Related Processes. (T-0)

3.26.1. Adjudication of Merit Systems Protection Board Jurisdiction. The installation EO

Director will obtain a written determination by the CPS or HRO as to whether the aggrieved

individual is eligible under MSPB jurisdiction and will coordinate with the CPS or HRO to

determine if the aggrieved individual has identical issues filed under a negotiated grievance

procedure or MSPB appeal procedure. (T-1) Complaints filed under the administrative

grievance procedure or those negotiated grievance procedures that do not allow discrimination

96 DAFI36-2710 23 MAY 2024

complaints will not preclude the complaint from being filed under the civilian EEO formal

complaint process. (T-1)

3.26.2. Mixed Case Appeals. Pursuant to 29 CFR § 1614.302(a)(2), a mixed case appeal is an

appeal filed with the MSPB that alleges that an appealable agency action was affected, in whole

or in part, because of discrimination on the basis of race, color, religion, sex, national origin,

disability, age, or genetic information. (T-0)

3.26.2.1. When an aggrieved individual files a mixed case appeal (i.e., petition for review)

with the MSPB and the MSPB subsequently dismisses the appeal on jurisdictional grounds

without a decision on its merits, the decision(s) issued by MSPB are provided to AFCARO.

(T-0) AFCARO will promptly issue the aggrieved individual a notice of their right to file

a civilian EEO formal complaint pursuant to 29 CFR § 1614.302(b). (T-0) This includes

informing the aggrieved individual that they may contact an EO practitioners within 45

calendar days to raise the discrimination claim(s) and that the filing date of the mixed case

appeal will be deemed to be the date the aggrieved individual initially contacted the EO

practitioner. (T-0)

3.26.2.2. If the MSPB determines it does not have jurisdiction over the mixed case appeal,

the installation EO director will resume processing the complaint as a non-mixed case EEO

complaint. (T-0)

3.26.2.3. If the MSPB determines it has jurisdiction over the matter, the installation

commander (or designee, to include the installation EO director or deputy commander) will

dismiss the mixed case complaint pursuant to 29 CFR § 1614.107(a)(4). (T-0) The

installation EO director will advise the complainant of the right to petition to the EEOC to

review the MSPB final decision. (T-0)

3.26.3. Mixed Case Complaints Filed at the Agency. Upon filing of a mixed case complaint,

the installation EO director will ensure the complaint is processed in the same manner as it

would any other discrimination complaint except:

3.26.3.1. Upon the filing of a complaint, the installation EO director will advise the

complainant that if a final decision is not issued within 120 calendar days of the date of

filing the mixed case complaint, the complainant may appeal the claim to the MSPB at any

time thereafter, as specified in 5 CFR § 1201.154(a)-(b), or may file a civil action as

specified in 29 CFR § 1614.310(g), but not both. (T-0)

3.26.3.2. Upon completion of the investigation and receipt of the investigative file,

AFCARO will notify the complainant that a final decision will be issued on the claims

appealable to MSPB within 45 calendar days without a hearing before an EEOC

administrative judge. (T-0)

3.26.3.3. Upon issuance of a DAF final decision on a mixed case complaint, AFCARO

will advise the complainant of their right to appeal the claim to the MSPB within 30

calendar days of receipt of the notice and of the right to file a civil action per 29 CFR §

1614.310. (T-0)

DAFI36-2710 23 MAY 2024 97

3.26.4. Dismissal of Mixed Case Complaints. An agency may dismiss a mixed case complaint

for the reasons contained in and under the conditions prescribed in 29 CFR § 1614.107. (T-0)

A mixed case complaint is dismissed based on complainant's prior election of a mixed case

appeal if:

3.26.4.1. Where neither the installation commander (or designee, to include the

installation EO director or deputy commander) nor MSPB administrative judge disputes

the MSPB jurisdiction over the appeal on the same matter. The installation EO director will

dismiss the mixed case complaint pursuant to 29 CFR § 1614.107(a)(4) and will issue a

Dismissal Letter advising the complainant that they must bring the allegations of

discrimination contained in the rejected complaint to the attention of the MSPB pursuant

to 5 CFR § 1201.155 and complainant of the right to petition the EEOC to review the

MSPB's final decision on the discrimination issue pursuant to 29 CFR § 1614.302(c)(2)(i).

(T-0)

3.26.4.2. Where the installation commander (or designee, to include the installation EO

director or deputy commander) or the MSPB administrative judge questions MSPB

jurisdiction over the appeal on the same matter. The installation EO director will hold the

mixed case complaint in abeyance until the MSPB administrative judge rules on the

jurisdictional issue. (T-0) The installation EO director will notify the complainant of the

action taken and instruct them to bring the discrimination allegation to the attention of the

MSPB. (T-0)

3.26.4.3. For a letter template, refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

3.27. Conflicts of Interest. If a situation arises where the installation commander, installation

EO director, or an EO practitioner is named in a EEO complaint, the MAJCOM/FLDCOM EO

functional manager will determine if a conflict of interest exists which may inhibit the installation

EO office’s ability to impartially process the complaint. (T-1)

3.27.1. If it is determined that a conflict of interest exists, the MAJCOM/FLDCOM EO

functional manager will designate an EO practitioner from a neutral installation EO office

within their MAJCOM to process the complaint and will advise AFPC EO Operations of the

nuances of the case. The office assigned to work the conflict-of-interest complaint will manage

the complaint until final disposition. (T-1) Note: Conflicts of interest do not include spin-off

complaints or complaints regarding dissatisfaction with processing of a pending complaint.

3.27.1.1. If the MAJCOM/FLDCOM EO functional manager cannot designate an EO

practitioner within their command, the MAJCOM/FLDCOM EO functional manager will

engage AFPC EO Operations to coordinate with other MAJCOM/FLDCOM EO functional

managers to seek volunteers to provide assistance with the complaint. (T-1) Barring

volunteers, AFPC EO Operations in conjunction with the respective MAJCOM/FLDCOM

EO functional manager will identify an EO practitioner from a neutral installation EO

office to assist in processing the complaint. (T-1)

3.27.2. For complaints against senior officials, prior to contacting the MAJCOM/FLDCOM

EO functional manager, the installation EO director will ensure that a thorough pre-complaint

intake interview was completed. (T-1) The intake will provide information as to the aggrieved

98  DAFI36-2710  23 MAY 2024 
individual’s reasons for naming an official that may warrant a conflict of interest. (T-1) The 
installation  EO  director  will  make  a  determination  as  to  whether  the  official  was  named 
because of their position or because of an alleged action taken by the official. If the official 
was named because of their position, the installation EO office will continue to process the 
pre-complaint. (T-1) If the official was named because of an action they allegedly took, it is 
considered a conflict of interest and the MAJCOM/FLDCOM EO functional manager will 
conduct and/or coordinate further complaint processing as outlined in paragraph 3.27.1 and, 
as warranted, per paragraph 3.27.1.1. (T-1) 
3.27.3.  If installation EO directors  and/or EO practitioners are named in a complaint, the 
installation  EO  director  will  immediately  contact  the  MAJCOM/FLDCOM  EO functional 
manager  prior  to  conducting  any  pre-complaint  intake  for  the  MAJCOM/FLDCOM  EO 
functional manager to designate an EO practitioner from a neutral installation EO office per 
paragraph 3.27.1. (T-1)  
3.27.4.  If the MAJCOM/FLDCOM EO functional manager is named in a complaint, that 
MAJCOM/FLDCOM  EO  functional  manager  will  request  to  AFPC  EO  Operations  to 
coordinate with other MAJCOM/FLDCOM EO functional managers to seek volunteers to 
provide assistance with the complaint. (T-1)  
3.27.5.  If a complaint is filed by a civilian EO practitioner, it will be considered a conflict of 
interest.  (T-1)  The  MAJCOM/FLDCOM  EO  functional  manager  will  conduct  and/or 
coordinate further complaint processing as outlined in paragraph 3.27.1 and as warranted, per 
paragraph 3.27.1.1. (T-1) The installation EO office assigned to work the complaint will 
manage the complaint through final disposition. (T-1) The complaint will not be transferred 
back to the installation EO office from which it originated. (T-1) 
3.27.6.  All conflict of interest complaints, whether determined by the MAJCOM/FLDCOM 
EO  functional  manager  or  AFPC  EO  Operations,  will  have  a  modified  docket  number 
reflective of the installation where the complaint originated. (T-1) 
3.27.7.  AFPC EO Operations will determine requirements for special access to the AF EONet 
in conflict of interest complaints and will advise the appropriate installation EO office of such 
determinations and provide operational guidance. (T-1) 
3.28.  EEO  Complaints  in  Joint  Service  Environments.  A  joint  service  environment  is  a 
locality  from  which  operations  of  two  or  more  of  the  military  departments  are  projected  or 
supported and which is manned by significant elements of two or more military departments or in 
which significant elements of two or more military departments are located. (T-0) This includes 
joint bases, defense agencies, DoD field activities, and other organizational entities within the DoD 
that involve more than one military department or military service.  When an individual alleges 
unlawful discrimination and/or discriminatory harassment (including sexual harassment) in a joint 
environment and/or multi-service  case, complaint processing (including counseling) are  to  be 
determined by all agencies involved in the case. (T-1) EO practitioners will notify their installation 
EO director who will engage their MAJCOM/FLDCOM EO functional manager for assistance on 
determining how to proceed in complaint processing. (T-1) MAJCOM/FLDCOM EO functional 
manager will contact AFPC EO Operations for guidance and assistance as appropriate. (T-1) 

DAFI36-2710 23 MAY 2024 99

3.29. Deployed Environments.

3.29.1. Personnel Requirements. Installation EO directors and EO practitioners will be

identified and sourced for Air and Space Expeditionary Force rotational support in accordance

with DAFI 10-401, Air Force Operations Planning and Execution. (T-1) Trained EO

practitioners who are in the grade of E-5 and above, with AFSC 3F4X1 and specialty

experience identifier 1ZX and the equivalent civilian occupational specialty code 0260 are

eligible to deploy in support of EO contingency operations. (T-1) In deployed locations, the

installation EO director position will be no lower than the grade of E-6. (T-1) Refer to Chapter

7 for training requirements. Installation EO directors and EO practitioners will complete any

and all additional training requirements as directed by SAF/MRQ to support EO operations in

evolving deployed environments. (T-1) Refer to Chapter 4, paragraph 4.25 for additional

guidance on deployed environments.

3.29.2. Combatant Command Areas of Responsibility. Combatant command commanders

(CCMD) are responsible for providing an environment of EEO and non-discrimination for

federal employees assigned, detailed, or deployed to a CCMD area of responsibility (AOR).

(T-0)

3.29.2.1. If the DAF is identified as combatant command support agent (CCSA), the

installation EO office is responsible for establishing and maintaining a servicing EEO

program to receive and process EEO complaints arising in a deployed work environment

under the CCMD’s control. (T-0)

3.29.2.2. At the outset, the installation EO office of the CCSA is responsible for processing

the EEO pre-complaint. (T-0)

3.29.2.3. Any deployed federal civilian employee who believes they have been unlawfully

discriminated against on the basis of a protected class may initiate the EEO complaint

process. (T-0) The aggrieved individual will contact an EO practitioner assigned to their

respective AOR operating location to initiate the EEO complaint process pursuant to

timelines outlined in 29 CFR § 1614.105. (T-0)

3.29.2.4. Installation EO directors at the deployed location’s EO office will ensure all

civilian EEO complaints are processed through the pre-complaint stage. (T-0)

3.29.2.4.1. When an informal resolution does not occur, the dispute has not been

resolved to the satisfaction of the aggrieved individual, or the pre-complaint timelines

have passed, deployed location EO practitioners will conduct a final interview with the

aggrieved individual to conclude the pre-complaint process. (T-0) EO practitioners will

conduct final interviews face-to-face to the greatest extent possible. (T-1)

3.29.2.4.2. During the final interview, deployed location EO practitioners will provide

aggrieved individuals with a Notice of Right to File a Formal Complaint and DD Form

2655 and advise aggrieved individuals that they have the right to pursue their claim

further through the formal complaint procedure as described in EEOC MD 110

Chapter 2. (T-0) For a letter template, refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your

respective MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

100 DAFI36-2710 23 MAY 2024

3.29.2.4.2.1. Pursuant to the Deputy Secretary of Defense, Responsibility for Equal

Employment Opportunity Complaints Arising in Combatant Command Areas of

Responsibility, dated 26 June 2023, within a reasonable amount of time after a

complainant makes a formal EEO complaint, the CCSA may transfer responsibility

for processing the formal complaint to the DoD component or non-DoD agency

that employed the complainant at the time of the events upon which the complaint

is based. DoD components must accept CCSA transfer requests, absent extenuating

circumstances. However, the CCSA remains responsible for processing the formal

complaint unless and until the EEO director of the DoD component or a non-DoD

agency accepts the transfer in writing. (T-1)

3.30. Complaints Pertaining to DAF Programs and Facilities. In accordance with federal law

and DoD Directive (DoDD) 5500.11, Nondiscrimination in Federally Assisted Programs, and

DoDD 1020.1, Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted

or Conducted by the Department of Defense, programs conducted or assisted by the DAF will not

directly or through contractual, licensing, or other arrangements (e.g., loans, discounts, grants)

discriminate on the basis of race, color, religion, sex (including pregnancy, gender identity, and

sexual orientation), national origin, disability, age (over 40), or genetic information. (T-0)

3.30.1. Any civilian who is not affiliated with the DoD or DAF who believes they have been

discriminated against in programs and activities assisted or conducted by the DAF may file a

written complaint not later than 180 calendar days from the date of the alleged discrimination

with the responsible DAF higher headquarters office of primary responsibility (OPR)

overseeing the programs and/or facilities pursuant to DoDD 5500.11 and DoDD 1020.1. (T-0)

3.30.2. Upon receipt of a complaint, the responsible DAF higher headquarters OPR overseeing

the programs and/or facilities will promptly process and resolve the complaint and comply

with other complaint requirements pursuant to DoDD 5500.11 and DoDD 1020.1. (T-0) This

includes the responsibility to track and report all complaints pursuant to DoDD 5500.11 and

DoDD 1020.1. (T-0) The responsible DAF higher headquarters OPR will also provide a

summary of complaints along with periodic updates as necessary to SAF/DI or other

designated DAF organization. (T-1)

3.30.3. EEO complaint processes in this publication and as described in 29 CFR Part 1614 do

not apply to such complaints outlined in paragraph 3.30. (T-0) If an installation EO office

receives written complaints involving civilians who are not affiliated with the DoD or DAF

alleging discrimination against programs and activities assisted or conducted by the DAF, the

installation EO director will forward the complaints via their respective MAJCOM/FLDCOM

EO functional manager and AFPC EO Operations to SAF/MRQ. (T-1) SAF/MRQ will then

route the complaints to the respective responsible DAF higher headquarters OPR to promptly

process and resolve the complaint. (T-1)

3.31. EEO Complaints Involving Non-Referral and Non-Selection of Positions. Appointing

authority rests with the installation or organization that owns the position for which an aggrieved

individual was not referred or not selected. (T-1) Processing of EEO complaints made by DAF

civilian employees and applicants for employment regarding non-referral and non-selection

actions for a position by AFPC are filed at and processed by the installation EO office where the

position is located. (T-1) Funding for investigation, discovery, and hearing procedures is provided

by the installation responsible for processing the complaint. (T-1) AFPC is responsible for funding

DAFI36-2710 23 MAY 2024 101

travel expenses for AFPC witnesses when traveling to defend a non-referral case. (T-1) Legal

representation will be provided by the servicing SJA. (T-1) Execution of settlements and findings

of unlawful discrimination in non-referral complaints are processed pursuant to this publication.

(T-1)

3.32. Non-EO Contact Referrals. Installation EO directors and EO practitioners will conduct

non-EO contact referrals for DAF civilians on matters or concerns outside the scope of the DAF

EO Program with the appropriate DAF agency to support or resolve such matters or concerns.

(T-1) Non-EO contact referrals will be documented in the AF EONet on a DAF Form 1271 as a

non-EO assistance. (T-1) The Connect to Care Service Provider Matrix is a useful resource of

helping agencies that is available on the DAF Connect to Care site at

https://usaf.dps.mil/sites/afpc-home/DPF/DPFZ/SitePages/Connect-To-Care.aspx and AFPC

EO Operations SharePoint at https://usaf.dps.mil/teams/14101/SitePages/Home.aspx.

3.33. Warm Hand-Offs (Connect to Care Approach). Installation EO directors and EO

practitioners will facilitate non-EO contact referrals through warm hand-offs that are in-person,

virtual, or telephonic with consent or upon the request of that DAF civilian and based on their

preference to other helping agencies where they are eligible to receive support. (T-0) Refer to

DAFI 90-5001, Integrated Resilience, and DAFI 90-6001, Sexual Assault Prevention and

Response (SAPR) Program, for more information on the Connect to Care Approach.

3.34. Distress and Risk to Self or Others. For DAF civilians who come in contact with the

installation EO office that appear emotionally distraught or may present a risk to themselves or

others, installation EO directors and/or EO practitioners will conduct a person-to-person warm

hand-off with the individual’s immediate supervisor. (T-0) In emergency situations of imminent

threat to self or to others, installation EO directors and EO practitioners will contact law

enforcement for assistance and then notify the individual’s immediate supervisor. (T-1) Where

there is no risk to EO practitioners’ safety, installation EO directors and EO practitioners will not

leave the individual alone until support arrives to ensure a person-to-person warm hand-off is

conducted. (T-1) All warm hand-offs will be documented in the AF EONet on the applicable form

at the conclusion of the interaction. (T-1) Refer to DAFI 90-5001 for warm hand-off procedures

for individuals exhibiting suicidal ideation.

3.35. Suspected Criminal or Extremist Activities. Installation EO directors and EO

practitioners will immediately refer any allegations made about or suspected criminal (e.g., sexual

assault, indecent exposure, obscene telephone calls, child physical or sexual abuse, child

exploitation, etc.) or extremist activities to the Office of Special Investigations (AFOSI) or SF as

applicable based on investigative authority. (T-0) The installation EO director will immediately

notify the installation commander and other appropriate commanders of the incident and non-EO

contact referral to AFOSI or SF. (T-1) For non-EO contact referrals to AFOSI alleging sexual

assault, the installation EO director will notify the sexual assault response coordinator (SARC) or

sexual assault prevention and response victim advocate (SAPR VA) that a non-EO referral was

made to AFOSI. (T-1) Installation EO directors and EO practitioners will document non-EO

contact referrals regarding sexual assault to AFOSI and notification to commander(s) and SARC

or SAPR VA in the AF EONet on an DAF Form 1271 as a non-EO assistance. (T-1) If the

suspected criminal, or extremist activities fall under the EEO protected categories but are not under

the authority or scope of the DAF EO Program, installation EO directors will document this as a

referral complaint to AFOSI or SF in the AF EONet on an DAF Form 1587. (T-1)

102 DAFI36-2710 23 MAY 2024

3.35.1. After notifying AFOSI of sexual assault allegations, installation EO directors will also

notify the SARC or SAPR VA of the non-EO referral to AFOSI. (T-1) Installation EO directors

and EO practitioners will also facilitate, with the consent of that DAF civilian, an in-person,

virtual, or telephonic non-EO contact referral/warm hand-off to the SARC or SAPR VA to

discuss victim advocacy services and eligibility. (T-0) Installation EO directors and EO

practitioners will document this as a non-EO contact referral to SAPR in the AF EONet on

DAF Form 1271. (T-1)

3.35.2. At this time, DAF civilian employees are not eligible for sexual harassment restricted

or unrestricted reporting or advocacy services through the SAPR program. However, the SAPR

program can provide DAF civilians appropriate local or online resources or referrals. (T-1) For

additional information, refer to DAFI 90-6001.

3.35.3. Installation EO directors and EO practitioners will advise DAF civilians that referrals

to SAPR for sexual assault victim advocacy services does not replace the EEO complaint

processes for allegations of unlawful discrimination and/or discriminatory harassment

(including sexual harassment) based on a protected class. (T-1)

3.36. DAF Unlawful Discrimination and Harassment Hotline Procedures. The DAF

Unlawful Discrimination and Harassment Hotline will function as a referral line to facilitate

potential EO concerns and/or complaints from Airmen and Guardians (military and civilian) to the

appropriate installation for resolution and provide information on DAF EO policies and

procedures, how to file complaints, and on what constitutes civilian EEO complaints of unlawful

discrimination and discriminatory harassment (including sexual harassment) and MEO complaints

of prohibited discrimination, discriminatory harassment (including sexual harassment), and other

forms of harassment (bullying and hazing). (T-0) The hotline is maintained, managed, and

operated by AFPC EO Operations, will be accessible to Airmen and Guardians to include

responses back to missed calls no later than 48 hours to the extent practicable. (T-1) While the

hotline does not provide crisis intervention or victim advocacy services, the hotline will connect

callers with the appropriate helping agency where eligible. (T-1)

DAFI36-2710 23 MAY 2024 103

Chapter 4

MILITARY EQUAL OPPORTUNITY PROGRAM COMPLAINT PROCESSES

4.1. Overview. The Department of the Air Force (DAF) military equal opportunity (MEO)

program implements federal laws and DoD policies on prohibited discrimination and

discriminatory harassment (including sexual harassment) against military members on the

basis(es) of race, color, religion, sex (including pregnancy), national origin, gender identity, or

sexual orientation as well as addresses other forms of harassment (bullying and hazing). The goal

is to allow Airmen and Guardians the opportunity to attempt to resolve issues at the lowest

organizational level at the earliest possible time. The DAF MEO Program:

4.1.1. Fosters an environment of dignity and respect that is free from personal, social, or

institutional barriers where military members are afforded the right to participate in, and

benefit from, programs and activities for which they are qualified.

4.1.2. Provides timely, fair, and impartial services to Airmen and Guardians such as complaint

processing, outreach, training and education, assistance through alternative dispute resolution

(ADR), and other related services. This includes ensuring that Airmen and Guardians are

equipped with knowledge about and have access to available resources such as trained EO

practitioners and the DAF Unlawful Discrimination and Harassment Hotline.

4.2. Program Eligibility. The DAF MEO services, to include complaint processing, are

available to Active-Duty Airmen and Guardians, United States Air Force Academy Cadets as well

as Air Force Reserve and Air National Guard (ANG) members under Title 10 status.

4.2.1. Air Force Reserve (AFR) members may file MEO complaints of prohibited

discrimination, discriminatory harassment (including sexual harassment), and/or other forms

of harassment (bullying and hazing) that occurred while on Title 10 status even after release

from Title 10 status. (T-0) Prior to filing a formal complaint with a Regular Air Force (RegAF)

installation equal opportunity (EO) office, AFR personnel will coordinate with the Air Force

Reserve Command (AFRC) EO office to ensure the complaint is processed with the component

responsible for handling the complaint. (T-1) For AFR members in a technician status, as a

civilian employee, refer to the civilian equal employment opportunity (EEO) program in

Chapter 3 of this publication.

4.2.2. For ANG members in a Title 10 status who are assigned to the Air National Guard

Readiness Center (ANGRC), National Guard Bureau (NGB), or any geographically separated

units (GSU) aligned with the ANGRC, will receive MEO complaint processing services from

the Air National Guard Readiness Center Equal Opportunity (ANGRC/EO) Directorate. (T-1)

ANG members in a Title 10 status who are not aligned to the ANGRC, will receive MEO

complaint processing services from the installation EO office where the alleged incidents

occurred. (T-1) For MEO complaints involving Title 32 and Title 10 members, the MEO

complaint will be processed by the commander's service/component that has administrative

control, or disciplinary authority, or a combination thereof, over the alleged offender. (T-1)

For ANG members in a non-federalized status (e.g., Title 32), to include Active Guard Reserve

personnel, refer to CNGBM 9601.01, National Guard Discrimination Complaint Process.

104 DAFI36-2710 23 MAY 2024

4.3. Third Party Reporting. To file a MEO complaint, the military member must be the

individual who experienced the alleged prohibited discrimination, discriminatory harassment

(including sexual harassment), and/or other forms of harassment (bullying and hazing). (T-1)

Third parties (e.g., someone other than the individual experiencing the alleged behaviors or

activities) such as, but not limited to, commanders, supervisors, co-workers, or peers cannot file a

MEO complaint on behalf of another military member. (T-1) All third-party reports made with

installation EO offices will be referred to the respective military member’s commander or most

appropriate commander for resolution. (T-1)

4.4. Military Equal Opportunity (MEO) Complaint Options and Timelines. Military

members who meet eligibility requirements outlined in paragraphs 4.2 will be afforded the right

to file informal, formal, and/or anonymous complaints with their installation EO office without

having to go through their supervisory channel to report allegations of prohibited discrimination,

discriminatory harassment (including sexual harassment), and/or other forms of harassment

(bullying and hazing). (T-0) Military members also have the right to go directly to their chain of

command to report these allegations for resolution. (T-0) Eligible military members can also file

an institutional discrimination allegation against DAF policies and procedures. (T-1) Military

members are highly encouraged to promptly file complaints as earliest as possible to help ensure

better and timely access to witnesses, bystanders, and other pertinent information regarding the

incident(s). Delays in reporting may hinder the DAF’s ability to prevent, intervene, and/or correct

these negative behaviors.

4.4.1. Informal Complaint. Through the informal complaint process, military members are

afforded the right and empowered to determine the best way or most appropriate mechanisms

to address and resolve their MEO concerns at the lowest level possible. (T-0) Military members

are not required to go through their supervisory channel prior to initiating an informal

complaint with the installation EO office. (T-1) The informal complaint process is for military

members who elect not to file a formal complaint and decide to use the chain of command

and/or other informal resolution processes (e.g., ADR) that are available. (T-0) If an informal

complaint is not or cannot be resolved within 30 duty days or the military complainant is not

satisfied with the determination, the military complainant may file a formal complaint. (T-0)

While there is no time limit for military members to file informal complaints, military members

are encouraged to promptly file complaints as early as possible to help ensure better and timely

access to witnesses, bystanders, and other pertinent information regarding the incident(s).

Military members have appeal rights to an informal complaint by electing to file a formal

complaint. (T-0)

4.4.2. Formal Complaint. Through the formal complaint process, military members are

afforded the right to go directly to an installation EO office without having to go through their

supervisory or chain of command to initiate a complaint to address their MEO allegations.

(T-0) The formal complaint process involves a complaint clarification conducted outside of

the chain of command to determine whether credible information exists to substantiate

allegations. (T-1) Formal complaints of sexual harassment are referred to security forces (SF)

for an independent investigation pursuant to the procedures in 10 United States Code (USC) §

1561. (T-0) Military members are not required to file an informal complaint prior to filing a

formal complaint. (T-1) Military members must file a formal complaint within 90 duty days

after the alleged incidents occurred unless the installation commander approves in writing to

accept a formal complaint beyond the designated timeline for good cause or this requirement

DAFI36-2710 23 MAY 2024 105

is trumped by federal law or DoD policy. (T-1) Exception: There are no timeline requirements

for military members to file a formal complaint of sexual harassment pursuant to the

procedures in 10 USC § 1561. (T-0) Military members experiencing sexual harassment are

encouraged to promptly file a formal complaint as early as possible to help ensure timely access

to witnesses, bystanders, and other pertinent information regarding the incident(s). (T-1).

Allegations from a series of incidents (excluding sexual harassment) that occurred beyond the

90 duty days timeline will not require an installation commander approval if the most recent

allegations occurred within the 90 duty days. (T-1) Military members who were deployed at

the time the alleged incidents (excluding sexual harassment) occurred and were unable to file

a formal complaint due to extenuating circumstances (e.g., no access/availability to EO

practitioners, etc.) at the deployment locations will have 90 duty days to file a formal complaint

from their deployment return date. (T-1) If military complainants are not satisfied with a not

substantiated determination of the formal complaint, they are afforded appeal rights to the

formal complaint. (T-0) Military offenders with a substantiated determination against them in

in a formal complaint are also afforded appeal rights to the formal complaint. (T-0)

4.4.3. Anonymous Complaint. Through anonymous complaints, military members can report

allegations of prohibited discrimination, discriminatory harassment (including sexual

harassment), and other forms of harassment (bullying and hazing) without disclosing any of

their personally identifiable information (PII). (T-0) Military members will need to provide

sufficient information (e.g., alleged offender(s) name, personnel involved, date(s) incident

occurred, unit of assignment, detailed allegations, etc.) in order for the EO office to conduct a

clarification. (T-0) Without sufficient information, the installation EO office will not be able

to conduct a clarification, hindering any effort to resolve the matter. Military members who

visit the installation EO office cannot choose to remain anonymous. (T-1) Military members

can report anonymous complaints by means such as, but not limited to, calling the Unlawful

Discrimination and Harassment Hotline (1-888-231-4058), submitting a report anonymously

through the DoD IG (1-800-424-9098) or DAF IG (1-800-538-8429) hotlines, sending an

anonymous email to the installation EO office, and other means that do not disclose the PII of

the military member submitting the complaint. Military members who have filed a military

sexual harassment restricted (confidential) report with the SAPR Program can report an

anonymous complaint through the SAPR Program to provide to the installation EO office for

processing without disclosing their identity. (T-1) Anonymous complaints with sufficient

information (e.g., alleged offender(s) name, personnel involved, date(s) incident occurred, unit

of assignment, detailed allegations, etc.) will be documented on the DAF Form 1587 and will

result in a clarification by the installation EO office. (T-1)

4.4.4. Institutional Discrimination. When a military member believes that a DAF higher

headquarters, MAJCOM/FLDCOM, and/or DAF installation policies and/or procedures have

discriminated against them because of their race, color, national origin, religion, sex (including

pregnancy), gender identity, or sexual orientation, that military member may file an

institutional discrimination allegation, which is different from filing an informal or formal

MEO complaint alleging prohibited discrimination by an individual(s) (i.e., alleged offenders).

(T-1) Nothing precludes a military member from filing a MEO informal or formal complaint

and allegation of institutional discrimination, concurrently if requested. (T-1) The institutional

discrimination process does not replace nor will be used in place of the DAF publication

process to request or recommend changes to DAF policies, directives, and procedures not

106 DAFI36-2710 23 MAY 2024

associated with an allegation of prohibited discrimination. (T-1) For more information on the

DAF publication process to include requesting policy changes, refer to DAFMAN 90-161,

Publishing Processes and Procedures.

4.4.5. For additional information on the MEO complaint and institutional discrimination

processes, military members are encouraged to review this chapter in entirety as well as

encouraged to seek assistance from their installation EO office, by calling the Unlawful

Discrimination and Harassment Hotline (1-888-231-4058), and/or visiting the DAF EO public

website at https://www.af.mil/Equal-Opportunity/.

4.5. Confidentiality and Privacy. While the DAF EO Program does not have confidentiality

with respect to allegations of prohibited discrimination, discriminatory harassment (including

sexual harassment), and other forms of harassment (bullying and hazing), all information provided

or gathered as part of a MEO complaint will be treated as controlled unclassified information (CUI)

to ensure that the privacy of individuals is protected to the extent permitted by laws and policies.

(T-0)

4.6. Connect to Care Approach. The DAF EO Program is a helping agency committed to

providing robust and high-quality MEO assistance to military members and is a stakeholder in

fostering the DAF’s Connect to Care Approach to help ensure Airmen and Guardians are provided

and/or connected to comprehensive and appropriate support services. While the DAF EO Program

does not provide victim advocacy services and cannot take restricted (confidential) reports for

sexual harassment, installation EO offices can provide referrals/warm hand-offs for military

members, with the military member’s consent, with the most appropriate DAF helping agency to

support their needs. (T-0) Refer to DAFI 90-5001, Integrated Resilience, and DAFI 90-6001,

Sexual Assault Prevention and Response (SAPR) Program, for more information on the Connect

to Care Approach.

4.7. Complainant Rights and Responsibilities. When engaging with the DAF EO Program,

military members will be afforded robust and high-quality MEO complaint processing services

and will receive assistance consistent with the DAF EO Commitment of Service as described in

Chapter 1 and other rights as described throughout this publication. (T-0) This includes ensuring

that under no circumstances will an installation EO office dissuade a military member from filing

a MEO complaint or forgo the use of ADR where appropriate. (T-1) In addition to rights, military

complainants also have responsibilities when participating in the MEO complaint processes to

include, but not limited to:

4.7.1. Promptly file complaints as earliest as possible to help ensure better and timely access

to witnesses, bystanders, and other pertinent information regarding the incident(s) and avoid

delays in DAF’s ability to prevent, intervene, and/or correct these negative behaviors. (T-1)

4.7.2. Complete the MEO Complaint Intake template, as part of an installation EO office MEO

complaint intake to acknowledge receipt and understanding of MEO complaint processing

information, options available to address concerns, and to initiate an informal or formal complaint

with the installation EO office. (T-1) This includes acknowledging that unless otherwise protected

by law or policy, information provided by the military complainant to the installation EO office is

subject to release during or after the closure of an MEO complaint. (T-1)

4.7.3. Provide factual and relevant information regarding the allegations to the best of their

knowledge with the understanding that such information will be submitted as official

statements to the DAF. (T-0)

DAFI36-2710  23 MAY 2024  107 
4.7.4.  Cooperate and respond in a timely manner to request by the installation EO office and 
investigative officers during the MEO complaint processing when additional information is 
needed.  (T-1)  Military  complainants  will  be  provided  at  least  five  duty  days  to  provide 
requested information. (T-1) Failure to respond to requests for additional information after two 
attempts of follow-up after the suspense of the provided five duty days could result in case 
closure by the installation EO Director. (T-1) 
4.8.  Acceptance  of  MEO  Complaints.  The  DAF  MEO  complaint  processing  services  is 
available to Active-Duty Airmen and Guardians, United States Air Force Academy Cadets as well 
as AFR and ANG members under Title 10 status for allegations of prohibited discrimination, 
discriminatory  harassment  (including  sexual  harassment),  and/or  other  forms  of  harassment 
(bullying  and  hazing).  (T-0)  Refer  to  paragraphs  4.2.1  and  4.2.2  for  additional  eligibility 
information for AFR and ANG. Installation EO directors and EO practitioners will not accept nor 
process informal or formal MEO complaints from individuals (e.g., civilian employees [except for 
formal complaints of sexual harassment pursuant to procedures in 10 USC § 1561], dependents, 
retirees, contractors, etc.) not eligible for MEO services and/or if allegations are associated with 
off-installation venues or individuals that the DAF has no jurisdiction over. (T-1) Installation EO 
directors and EO practitioners will inform DAF civilian employees of the civilian EEO process for 
filing EEO complaints. (T-0) Refer to Chapter 3 for additional information on the EEO complaint 
process.  Installation  EO  directors  and  EO  practitioners  will  refer  allegations  of  prohibited 
discrimination,  discriminatory  harassment  (including  sexual  harassment)  from  dependents, 
retirees, contractors, and others to the respective and appropriate commander or supervisor or 
manager (and civilian equivalents) and document this on a DAF Form 1587 as a referral complaint. 
(T-1) Refer to paragraph 4.18.1 for processing of referral complaints. 
4.9.  Maintaining Impartiality.  Installation EO directors and EO practitioners will provide fair, 
impartial,  and  timely  MEO  complaint  processing  services.  (T-0)  This  includes  ensuring  that 
complainants, witnesses, alleged offenders, and others involved in a MEO complaint are treated 
with  dignity  and  respect  where  installation  EO  directors  and  EO  practitioners  maintain  high 
personal and professional standards and withhold opinion or judgment against the individuals they 
interact with as part of the complaint process. (T-1) Installation EO directors and EO practitioners 
will immediately report any perceived or actual conflicts of interest on any MEO complaint to 
their  respective  MAJCOM/FLDCOM  EO  functional  manager  or  installation  EO  director  to 
determine  whether  reassigning  complaint  processing  duties  are  warranted.  (T-1)  Under  no 
circumstances will installation EO directors and EO practitioners dissuade a military member from 
filing a MEO complaint or forgo the use of ADR where appropriate. (T-1) 
4.10.  Safeguarding Privacy.  Installation EO directors and EO practitioners will maintain the 
privacy of complainants on information disclosed during the MEO complaint processing where 
permissible by law and/or policy with the understanding that the DAF EO Program does not have 
the privilege of confidentiality. (T-1) Installation EO directors will only disclose or release EEO 
and MEO complaint information to individuals with an official need to know as part of their 
official duties only when disclosure or release is authorized in writing by the appropriate decision 
authority or where permissible or required by law or regulation. (T-0) Refer to Chapter 8 for 
additional information. 
4.10.1.  Installation  EO  directors  and  EO  practitioners  will  not  provide  complainants, 
witnesses, alleged offenders or third parties with copies of complaint files, reports, or allow 

108 DAFI36-2710 23 MAY 2024

those individuals to read complaint information gathered during and as part of the MEO

complaint processing. (T-1)

4.10.2. Installation EO directors and EO practitioners will not discuss nor release information

or documentation provided by the military complainant to a third-party without the written

consent of the military complainant or in accordance with the Privacy Act and/or Freedom of

Information Act (FOIA). (T-1) Installation EO directors and EO practitioners will consult with

their servicing staff judge advocate (SJA) office prior to releasing information or

documentation associated with an MEO complaint, to include the SJA determining and

redacting any Privacy Act or personally identifiable information before release. (T-1)

4.10.3. Commanders will not release in full or in part MEO complaint files without

authorization from the installation EO director. (T-1)

4.11. Intake and Initiation of the MEO Complaint Processes. Installation EO directors and

EO practitioners will ensure proper acceptance and processing of MEO complaints when engaging

with Airmen and Guardians seeking assistance. (T-0) This begins at the initiation of an MEO

complaint intake to determine eligibility and allegation(s) scope with the military member. (T-1)

Installation EO directors and EO practitioners will utilize the MEO Complaint Intake template, to

explain the MEO complaint options and processes, to include the option of ADR (facilitation)

where appropriate, appeal rights, and the applicable rights of the complainant as describe on the

MEO Complaint Intake template and throughout this publication. (T-1)

4.11.1. Installation EO directors and EO practitioners will ensure military members identify

the basis (i.e., protected class) for electing to file a MEO complaint of prohibited

discrimination, discriminatory harassment (including sexual harassment), and other forms of

harassment (bullying and hazing) during the initial intake interview. (T-0)

4.11.1.1. For allegations of bullying and hazing, there is no requirement to have a

protected class as the basis for electing to file a MEO complaint. (T-0) However, if the

military member identifies a protected class as part of their bullying and hazing allegations,

installation EO directors and EO practitioners will document the protected class as part of

the intake and complaint filed. (T-1)

4.11.1.2. For allegations of sexual harassment, installation EO directors and EO

practitioners will document the primary nature of the complaint (e.g., verbal, nonverbal,

physical, psychological) and comply with additional requirements on processing informal

and formal complaints of sexual harassment allegations outlined in this publication. (T-0)

4.11.2. Installation EO directors and EO practitioners will ensure military complainants

provide specific allegations of prohibited discrimination, discriminatory harassment, and other

forms of harassment (bullying and hazing) as part of their complaint and ensure that

concurrence is received from the military complainant when installation EO directors and EO

practitioners document the allegations in their report. (T-1) There is an exception for formal

complaints of sexual harassment where SF, in consultation with the SJA, will frame the

allegations.

4.11.3. Installation EO directors and EO practitioners will inform military members that while

the DAF EO Program does not have confidentiality, all information provided or gathered as

part of a MEO complaint will be treated as CUI to ensure that the privacy of individuals is

protected to the extent permitted by laws and policies. (T-0)

DAFI36-2710 23 MAY 2024 109

4.11.4. If a military member elects to file a MEO complaint after receiving an explanation of

MEO complaint options and processes and are eligible to file a MEO complaint, installation

EO directors and EO practitioners will ensure the military complainant completes the MEO

Complaint Intake template with the installation EO Director and EO practitioner. (T-1)

4.11.5. Installation EO directors and EO practitioners will document the rationale for

accepting a MEO complaint and indicate the overall affect the allegations have had or may

have on the complainant, the organization, and/or the installation. (T-1)

4.11.6. If the MEO Complaint Intake template is completed by the military complainant,

installation EO directors and EO practitioners will input the information into the [Department

of the] Air Force Equal Opportunity Network (AF EONet) and generate the DAF Form 1587

or DAF Form 1587-1 within three duty days to provide to the military complainant for

verification, updates, and signature. (T-1) There is an exception for formal complaints of

sexual harassment; refer to paragraphs 4.15 through 4.15.11 for the formal complaint process

for sexual harassment.

4.11.7. Installation EO directors and EO practitioners will advise the military complainants

that to initiate the MEO complaint processes, they must sign and return the provided DAF

Form 1587 or DAF Form 1587-1 to the installation EO office as soon as possible and that

delays will hinder the DAF’s ability to prevent, intervene, and/or correct these negative

behaviors. (T-1)

4.11.8. Installation EO directors and EO practitioners will provide military complainants at

least five duty days to verify, update, sign, and return the DAF Form 1587 or DAF Form 1587-

1. (T-1) Installation EO directors and EO practitioners will advise the military complainants

that failure to respond to request for additional information to complete DAF Form 1587 or

DAF Form 1587-1 after two attempts of follow up after the suspense of the provided five duty

days could result in no complaint being initiated. Installation EO directors and EO practitioners

will also advise the military complaints that failure to return the DAF Form 1587 or DAF Form

1587-1 signed could also result in no complaint being initiated. (T-1)

4.11.8.1. Military members can request to re-initiate the MEO complaint that was closed

due to the military member’s inactions so long as the request to re-initiate the MEO

complaint falls within any prescribed timelines in this publication or with written approval

from the installation commander to accept a formal MEO complaint beyond the designated

timeline. (T-1) Exception: There are no timeline requirements for military members to file

a formal complaint of sexual harassment pursuant to the procedures in 10 USC § 1561.

4.11.8.2. When sufficient details within the EO purview are provided by a military

complainant and the military complainant fails to return the DAF Form 1587, DAF Form

1587-1, or respond to requests for additional information, installation EO Directors and EO

Practitioners will document the assistance on DAF Form 1271 as a EO General

Assist/Contact. Installation EO directors and EO practitioners will inform the appropriate

commander and brief them on the concerns raised when no complaint was filed. (T-1)

4.11.9. A signed DAF Form 1587 or 1587-1 from the military complainant electing to file a

MEO complaint initiates the MEO complaint process timelines. (T-1)

110 DAFI36-2710 23 MAY 2024

4.11.10. Installation EO directors and EO practitioners will ensure that informal and formal

MEO complaints filed before a military complainant separates or retires will continue to be

processed until completion. (T-1)

4.11.11. Installation EO directors and EO practitioners will coordinate and consult with the

SJA office for informal or formal complaints made against contractor employees before

submitting to the contracting officer’s representative for appropriate action. (T-1)

4.11.12. For operational guidance and additional resources (e.g., templates), refer to the AFPC

EO Operations SharePoint at https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or

contact your respective MAJCOM/FLDCOM EO functional manager or AFPC EO

Operations.

4.12. Legal Sufficiency Reviews. Legal sufficiency reviews will be conducted by the servicing

SJA office for all informal and formal MEO complaints alleging prohibited discrimination,

discriminatory harassment (including sexual harassment), and other forms of harassment (bullying

and hazing) from complaint initiation to closure, to include appeals where applicable. (T-0) This

includes installation EO directors and EO practitioners consulting with the servicing SJA on how

the allegations are scoped in MEO formal complaints. (T-1)

4.13. Informal Complaint Process and Procedures.

4.13.1. Overview. Through the informal complaint process, military members are afforded the

opportunity and empowered to determine the best way or most appropriate mechanisms to

address and resolve their MEO concerns at the lowest level possible. (T-0) The informal

complaint process is for military members who elect not to file a formal complaint and decide

to use the chain of command and/or other informal resolution processes (e.g., ADR) that are

available. (T-0) If an informal complaint is not or cannot be resolved within 30 duty days or

the military complainant is not satisfied with the determination, the military complainant may

file a formal complaint. (T-0)

4.13.2. Timely Reporting. There is no time limit for military members to file informal

complaints alleging prohibited discrimination, discriminatory harassment (including sexual

harassment), and/or other forms of harassment (bullying and hazing). (T-1) However,

installation EO directors and EO practitioners will encourage military members to promptly

file complaints as early as possible to help ensure timely access to witnesses, bystanders, and

other pertinent information regarding the incident(s). (T-1) If a military member files an

informal complaint more than the 90 duty days after the alleged incidents occurred, installation

EO directors and EO practitioners will inform the miliary member during the initial intake that

to file a formal complaint, the installation commander must approve in writing to accept a

formal complaint beyond the designated timeline unless this requirement is trumped by federal

law or DoD policy. (T-1) Exception: There are no timeline requirements for military members

to file a formal complaint of sexual harassment pursuant to the procedures in 10 USC § 1561.

4.13.3. Informal Complaints Initiated with the EO Office (Including Sexual Harassment).

Military members may elect to file an informal complaint directly with an installation EO

office. (T-0) This does not require military members having to go through their supervisory or

chain of command channels to initiate an informal complaint to address their allegations of

prohibited discrimination, discriminatory harassment (including sexual harassment), and other

forms of harassment (bullying and hazing). (T-0)

DAFI36-2710 23 MAY 2024 111

4.13.3.1. Installation EO directors and EO practitioners will not dissuade military

members from filing informal complaints and will provide military members with options

available to them in the informal complaint process to include (T-1):

4.13.3.1.1. Using the military complainant’s chain of command to informally resolve

complaint allegations; or

4.13.3.1.2. Utilizing the DAF’s Negotiation and Dispute Resolution (NDR) Program

to attempt to mutually resolve disputes where available and appropriate. Facilitation is

the only form of ADR that is authorized to resolve military MEO complaint allegations.

(T-1) Refer to paragraph 4.17 for additional information on ADR.

4.13.3.2. When an informal complaint is initiated with the installation EO office,

installation EO directors and EO practitioners will ensure the MEO Complaint Intake

template and DAF Form 1587-1, Military Equal Opportunity Informal Complaint, are

completed, signed, and documented in the AF EONet. (T-1) Refer to paragraph 4.11 for

information on intake and initiation of the MEO complaint processes. Installation EO

directors and EO practitioners will ensure that informal complaint is resolved within 30

duty days. (T-0) For the Air Reserve Component (ARC), informal complaints will be

resolved within three regular scheduled drills (RSD) or unit training assemblies (UTA).

(T-0)

4.13.3.3. For informal complaints of sexual harassment, installation EO directors and EO

practitioners will ask military members the following questions and document the

responses on the DAF Form 1587-1 (T-1):

4.13.3.3.1. Whether the military complainant was informed about victim advocacy

services provided by the SAPR office for sexual harassment.

4.13.3.3.2. Whether the military complainant was provided written or electronic copy

of the SAPR office information.

4.13.3.3.3. Whether the military complainant accepted or declined an installation EO

office facilitated in-person, virtual, telephonic non-EO contact referral to the SAPR

office.

4.13.3.3.4. If a non-EO contact referral to SAPR office was conducted, how it was

conducted (in-person, virtual, telephonic), the sexual assault response coordinator

(SARC) or sexual assault prevention and response victim advocate (SAPR VA) name

who received the non-EO contact referral, and the date the non-EO contact referral was

conducted.

4.13.4. Informal Complaint Initiated Directly with the Chain of Command as a Commander

Worked Issue (Including Sexual Harassment). Military members may go directly to their chain

of command (e.g., supervisor, first sergeant, commander) prior to or without contacting the

installation EO office to informally resolve their allegations of prohibited discrimination,

discriminatory harassment (including sexual harassment), and/or other forms of harassment

(bullying and hazing). (T-0)

4.13.4.1. When a military member either orally or in writing requests the chain of

command to resolve such allegations informally and the member has not elected to file an

informal or formal MEO complaint with nor contacted the installation EO office, it is

112 DAFI36-2710 23 MAY 2024

considered as an informal complaint worked as a commander worked issue (informal

complaint-CWI). (T-1) The chain of command will initiate informal resolution procedures

within three duty days of receipt of the military member’s request for informal resolution.

(T-0) The chain of command will resolve the matter within 30 duty days (3 RSDs). (T-0)

The chain of command will not attempt to refer the allegation to the installation EO office

for resolving the allegations as DoD policy allows military members to resolve matters

informally with their chain of command. (T-0)

4.13.4.2. While conducting the informal complaint-CWI, the chain of command will

engage with the installation EO office to provide EO subject matter expertise support,

however, the installation EO office will not conduct the informal complaint-CWI on behalf

of the chain of command. (T-1)

4.13.4.3. Commanders will complete and provide the installation EO office with the

Commander Worked Issues (CWI) Worksheet monthly detailing EO-related issues worked

within the unit as informal complaints-CWI, to include any commander directed

investigations (CDI). (T-1) Installation EO directors and EO practitioners will document

the completed CWI Worksheet on DAF Form 1587-1, which does not require military

complainant signature as the complaint was initiated directly with the chain of command.

(T-1)

4.13.5. Commander Directed Investigations. A military member’s chain of command has

discretion in resolving informal complaints filed with the installation EO office or informal

complaints-CWI. (T-1) A CDI is not required for informal complaints filed with the

installation EO office or informal complaints-CWI; commanders are instead encouraged to

address the matter informally as appropriate. (T-1) Informal complaints of sexual harassment

will no longer automatically result in a CDI. (T-1) Refer to paragraph 4.13.5.5 through

4.13.5.5.2 for guidance on informal complaints of sexual harassment.

4.13.5.1. If the military complainant and alleged offender(s) are not in the same chain of

command, the CDI will be initiated by the alleged offender’s commander. (T-1)

4.13.5.2. Commanders will implement procedures in DAFMAN 1-101, Commander

Directed Investigations, when conducting CDIs. (T-1)

4.13.5.3. Commanders will ensure that the CDI as part of an informal complaints

(excluding sexual harassment) filed with the installation EO office or informal complaints-

CWI is resolved within 30 duty days (3 RSDs). (T-0)

4.13.5.4. Commanders will appoint in writing and utilize installation EO directors and EO

practitioners as EO subject matter experts (SMEs) and technical advisors during a CDI as

part of an informal complaint filed (excluding sexual harassment) with the installation EO

office or informal complaint-CWI. (T-1) However, installation EO directors and EO

practitioners will not conduct nor are authorized to conduct CDIs on behalf of the

command. (T-1) Installation EO directors and EO practitioners will document subject

matter expert assistance on DAF Form 1271 as a SME. (T-1)

4.13.5.4.1. Installation EO directors and EO practitioners will provide subject matter

expertise and technical advisement by aiding in developing interview questions,

reviewing evidence, and providing a technical review on the draft report of

DAFI36-2710 23 MAY 2024 113

investigation (ROI) before it is submitted by the command to the installation SJA office

for legal review. (T-1)

4.13.5.4.2. Installation EO directors and EO practitioners providing subject matter

expertise and technical advisement will not participate in any subsequent formal

complaint related to the respective CDI. (T-1)

4.13.5.4.3. Commanders will ensure the investigating officer (IO) provides the ROI to

the installation EO director and EO practitioner appointed as the SME and technical

advisor (excluding sexual harassment) to complete a technical review prior to the ROI

being submitted to the SJA office for a legal sufficiency review. (T-1)

4.13.5.5. Informal complaints of sexual harassment filed with the EO office or reported

directly to a military member’s chain of command will no longer automatically result in a

CDI. (T-0). Commanders will resolve informal complaints of sexual harassment within

their chain of command, in consultation with the SJA, and notify EO offices of outcomes,

unless a commander believes an investigation resulting in a report is necessary to further

the readiness of the unit. (T-0) In such circumstances, the commander will process the

complaint as a formal complaint and will follow the procedures outlined in paragraphs 4.15

through 4.15.11, including referring the complaint to SF for independent investigation

pursuant to procedures in 10 USC § 1561. (T-0) Such referrals to SF for investigation will

be documented on a DAF Form 1587. (T-1)

4.13.5.5.1. Extenuating circumstances to investigate informal complaints of sexual

harassment that the commander may believe would further the readiness of the unit

include multiple complainants/victims, multiple offenders, serial offenders, repeated

physical contacts or electronic communication, rank and position of the alleged

offender, and/or demonstrated pervasive impact to the morale, good order, and

discipline of the command. (T-1)

4.13.5.5.2. A military member complainant will not be compelled or directed to

participate in an investigation of sexual harassment when a commander, in consultation

with the SJA, determines an informal complaint warrants a formal investigation. (T-1)

4.13.6. Installation EO Directors and EO Practitioners Responsibilities. In addition to other

procedures and responsibilities outlined in this chapter, installation EO director and EO

practitioner will ensure the following for informal complaints:

4.13.6.1. Ensure proper and timely processing of all informal complaints in accordance

with this chapter to include proper documentation of the CWI Worksheet on the DAF Form

1587-1 in the AF EONet. (T-1) This includes filing the CWI Worksheet in the appropriate

case file. (T-1) Installation EO directors and EO practitioners will input informal

complaints in the AF EONet in accordance with AFPC EO Operations provided

operational guidance and template(s). (T-1) For operational guidance and additional

resources (e.g., templates), refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

4.13.6.2. Notify the military complainant’s commander and the alleged offender’s

commander of the informal complaint within 48 hours of receipt of the complaint and

inform them of their responsibilities outlined in this chapter. (T-1)

114 DAFI36-2710 23 MAY 2024

4.13.6.3. Serve as a EO SME and technical advisor when commanders initiate CDIs as

part of informal complaints filed with the installation EO office or informal complaints-

CWIs to include aiding in developing interview questions, reviewing evidence, and

providing a technical review of the draft ROI before it is submitted by the command to the

installation SJA office for legal review. (T-1) Refer to paragraphs 4.13.5.5 through

4.13.5.5.2 for guidance on sexual harassment.

4.13.6.3.1. Installation EO directors and EO practitioners will not conduct nor are

authorized to conduct CDIs on behalf of the command. (T-1)

4.13.6.3.2. Installation EO directors and EO practitioners providing subject matter

expertise and technical advisement will not participate in any subsequent formal

complaint related to the respective CDI. (T-1)

4.13.6.4. Inform military complainants when the informal complaint process has

commenced. (T-0) Installation EO directors and EO practitioners will follow up with the

military complainant every five duty days during the informal complaint process until

closure to provide status updates and address any questions or concerns. (T-1) Installation

EO directors and EO practitioners will ensure military complainants are notified on

whether informal complaints were substantiated or not substantiated. (T-0)

4.13.6.5. Contact the complainant to ensure the allegation(s) have been resolved. (T-1) If

the complainant believes the allegation(s) were not resolved, brief the complainant on their

option to file a formal complaint and advise the complainant on the next steps in the

process. (T-1)

4.13.7. Commanders Responsibilities. In addition to other procedures and responsibilities

outlined in this chapter, commanders will:

4.13.7.1. When made aware of potential sexual harassment, not inquire for additional

details to preserve that military member’s ability to file a restricted (confidential) report

with the SAPR program. (T-0)

4.13.7.1.1. Commanders will advise the military member of their eligibility to receive

victim advocacy services for sexual harassment through the SAPR office and that they

can facilitate an in-person, virtual, or telephonic referral to SAPR prior to the military

member further disclosing a sexual harassment allegation. (T-0)

4.13.7.1.2. Commanders will also advise the military member that sexual harassment

victim advocacy services through the SAPR office do not replace the MEO informal

and formal complaint processes and that they can facilitate an in-person, virtual, or

telephonic referral to the EO office for additional information. (T-0)

4.13.7.1.3. Commanders will advise the military member that formal complaints of

sexual harassment are investigated by SF pursuant to the procedures in 10 USC § 1561.

(T-0)

4.13.7.2. Closely monitor and ensure timely resolution of the matter informally within 30

duty days (3 RSDs). (T-0) If not resolved within 30 duty days (3 RSDs), the commander

must provide the installation EO director a written explanation of why the issue is still

pending along with an estimated date of completion (T-1)

DAFI36-2710 23 MAY 2024 115

4.13.7.3. Upon notification from the installation EO office of an informal complaint,

notify the military complainant that they have received the informal complaint. (T-1)

4.13.7.4. Notify military complainants when an investigation begins.

4.13.7.5. Advise their military member with a sexual harassment complaint of their

eligibility to receive victim advocacy services for sexual harassment through the SAPR

office and that the commander can facilitate an in-person, virtual, or telephonic referral to

the SARC or SAPR VA. (T-0)

4.13.7.6. Make every effort to protect the identity of the military complainant and refrain

from providing details contained on DAF Form 1587-1 to the alleged offender. (T-1)

4.13.7.7. Upon notification from the installation EO office of an informal complaint,

inform the alleged offenders in their unit that they are the subject of an informal complaint.

(T-1) Commanders may delay this notification to the alleged offender(s) for the protection

and safety of any complainant(s) and/or to ensure access to potential witnesses or evidence

is not impacted by the notification to the alleged offender. (T-1)

4.13.7.8. Caution the alleged offenders to refrain from any form of reprisal or retaliation.

(T-1)

4.13.7.9. Advise the alleged offenders not to discuss the case with others during the

informal process and that they will have an opportunity to respond to the allegations. (T-1)

4.13.7.10. Notify the installation EO office once they have briefed the alleged offenders

that a complaint has been filed. (T-1)

4.13.7.11. Conduct frequent follow ups with military complainants during the informal

process to provide them progress updates and conduct wellness checks. (T-1) This includes

providing military complainants with information about available on- and off- installation

support resources and facilitate warm hand-offs/referrals as requested or warranted. (T-0)

4.13.7.12. Conduct frequent follow ups with alleged offenders during the informal process

to conduct wellness checks. (T-1) This includes providing alleged offenders with

information about available on- and off- installation support resources and facilitate warm

hand-offs/referrals as requested or warranted. (T-1)

4.13.7.13. Ensure the allegations are submitted to the installation SJA office for legal

sufficiency review and consult with the SJA prior to taking corrective, administrative,

and/or disciplinary actions. (T-0)

4.13.7.14. Notify alleged offenders of the results within five duty days after the informal

process is completed. (T-1)

4.13.7.15. Provide the installation EO office with a description of any corrective,

administrative, and/or disciplinary actions taken against offenders for both substantiated or

not substantiated informal complaints by completing and submitting the CWI Worksheet

to ensure pertinent information is documented in the AF EONet. (T-1)

4.13.7.15.1. For alleged civilian offenders, the appropriate authority will determine

what disciplinary or corrective action, if any, will be taken in accordance with due

process procedures pursuant to 5 CFR Part 752, established merit systems principles

outlined in DAFI 36-148, and local negotiated labor agreements. (T-0) The

116 DAFI36-2710 23 MAY 2024

substantiation of an informal MEO complaint will not be a sufficient basis to impose

discipline under the statutory due process requirement. (T-0) The appropriate decision

authority will notify the EO office of final disciplinary or corrective actions taken

against offenders for substantiated informal complaints to ensure pertinent information

is documented into AF EONet. (T-1)

4.13.8. Case Closure. An informal complaint is considered closed on the date the installation

EO directors and EO practitioners conduct a final follow-up. (T-1) A final follow-up must be

conducted no later than 14 duty days after final action has been taken to ensure reprisal or

retaliation has not occurred against the complainant. (T-1)

4.13.9. Appeals. If an informal complaint is not or cannot be resolved within 30 duty days or

the military complainant is not satisfied with the determination, the military complainant may

file a formal complaint. (T-0)

4.13.9.1. The sole mechanism for a military complainant to appeal the disposition of an

informal complaint is to file a formal complaint. (T-0) Military complainants must file their

formal complaint as an appeal within 30 duty days after closure of the informal complaint.

(T-1) Exception: There are no timeline requirements for military members to file a formal

complaint of sexual harassment pursuant to the procedures in 10 USC § 1561. (T-0)

Military members experiencing sexual harassment are encouraged to promptly file a formal

complaint as early as possible to help ensure timely access to witnesses, bystanders, and

other pertinent information regarding the incident(s). (T-1).

4.13.9.2. Installation commanders may approve the processing of formal complaint as an

appeal beyond 30 duty days for good cause based on a memorandum with sufficient

justification provided by the military complainant and submitted through the installation

EO office. (T-1) If an installation commander accepts the formal complaint as an appeal

beyond 30 duty days, a written approval acceptance memorandum is required. (T-1)

Exception: There are no timeline requirements for military members to file a formal

complaint of sexual harassment pursuant to the procedures in 10 USC § 1561. (T-0)

4.13.9.3. An administrative finding concerning a complaint resolved through an informal

process will be set aside when the military complainant files the same or similar complaint

through the formal complaint process. (T-0)

4.13.9.4. For military offenders with substantiated determinations against them as a result

of a CDI, refer to DAFMAN 1-101 on CDI reconsiderations, which is outside the DAF EO

Program purview and responsibilities. (T-1) For military offenders on adverse actions

taken by command as part of an informal complaint-CWI, it is advised to contact area

defense counsel on avenues of redress with the chain of command as this is outside the

DAF EO Program purview and responsibilities. (T-1)

4.13.9.5. For alleged civilian offenders where an allegation of prohibited discrimination,

discriminatory harassment (including sexual harassment), and other forms of harassment

(bullying and hazing) is substantiated in an informal MEO complaint and disciplinary

actions are implemented against the alleged civilian offender following the procedures set

out in 5 CFR Part § 752, they may have appeal rights pursuant to 5 USC § 7701 and 5 CFR

§ 752.405 for any actions that are appealable to the Merit Systems Protection Board

(MSPB). (T-0) An alleged civilian offender, who is a bargaining unit employee and

DAFI36-2710 23 MAY 2024 117

covered by a negotiated grievance procedure under a recognized collective bargaining

agreement, may contact their bargaining unit and elect to file a grievance. (T-0) If a matter

is covered by 5 CFR § 752.405 and appealable to the MSPB and the negotiated grievance

procedure pursuant to a collective bargaining agreement, the alleged civilian offender may

elect to file under either, however they cannot file under both. (T-0)

4.14. Military Equal Opportunity Formal Complaint Process (Excluding Sexual

Harassment).

4.14.1. Overview. Through the formal complaint process, military members are afforded the

right to go directly to an installation EO office without having to go through their supervisory

or chain of command channels to initiate a complaint to address their allegations of prohibited

discrimination, discriminatory harassment (including sexual harassment), and other forms of

harassment (bullying and hazing). (T-0) The formal complaint process involves a complaint

clarification conducted outside of the chain of command to determine whether credible

information exists to substantiate allegations. (T-1) The complaint clarification will be

conducted by the installation EO office. (T-1) Formal complaints of sexual harassment are

referred to SF for an independent investigation pursuant to the procedures in 10 USC § 1561.

(T-0) Military members are not required to file an informal complaint prior to filing a formal

complaint. (T-1) If military complainants are not satisfied with the determinations of the

formal complaint, their only option is to appeal the formal complaint. (T-0) Informal MEO

complaints will not be processed for military complainants that previously elected to file a

formal complaint on the same allegations. (T-1) Installation EO directors and EO practitioners

will not dissuade military members from filing formal complaints or using ADR (facilitation

only). (T-1)

4.14.2. Timely Reporting. Installation EO directors and EO practitioners will not accept a

formal complaint more than 90 duty days after the alleged incidents occurred unless the

installation commander approves in writing to accept a formal complaint beyond the

designated timeline for good cause. (T-1) Exception: There are no timeline requirements for

military members to file a formal complaint of sexual harassment pursuant to the procedures

in 10 USC § 1561. (T-0) Military members experiencing sexual harassment are encouraged to

promptly file a formal complaint as early as possible to help ensure timely access to witnesses,

bystanders, and other pertinent information regarding the incident(s). (T-1)

4.14.2.1. To request to file a formal complaint (excluding sexual harassment) after the 90

duty days timeline, military members will submit through the installation EO office a

memorandum to the installation commander with sufficient justification for filing after the

designated timeline for approval. (T-1) For operational guidance and additional resources

(e.g., templates), installation EO directors and EO practitioners will refer to the AFPC EO

Operations SharePoint at https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or

contact your respective MAJCOM /FLDCOM EO functional manager or AFPC EO

Operations.

4.14.2.2. Allegations from a series of incidents (excluding sexual harassment) that

occurred beyond the 90 duty days timeline will not require an installation commander

approval if the most recent allegations occurred within the 90 duty days. (T-1)

4.14.2.3. Military members who were deployed at the time the alleged incidents

(excluding sexual harassment) occurred and were unable to file a formal complaint due to

118 DAFI36-2710 23 MAY 2024

extenuating circumstances (e.g., no access/availability to EO practitioners, etc.) at the

deployment locations, will have 90 duty days to file a formal complaint from their

deployment return date. (T-1) Military members will not require an installation commander

approval to file a formal complaint, however, military members will inform installation EO

directors and EO practitioners during an initial intake that they were deployed at the time

when the alleged incidents occurred and will provide justification why they were unable to

file a formal complaint while deployed. (T-1) Installation EO directors and EO

practitioners will document this on DAF Form 1587. (T-1)

4.14.2.4. Installation EO directors and EO practitioners will encourage military members

to promptly file complaints as earliest as possible to help ensure better and timely access

to witnesses, bystanders, and other pertinent information regarding the incidents. (T-1)

4.14.3. Formal Complaint Procedures (Excluding Sexual Harassment).

4.14.3.1. When a formal complaint is initiated with the installation EO office, installation

EO directors and EO practitioners will ensure the MEO Complaint Intake template and

DAF Form 1587, Military Equal Opportunity Formal Complaint, are completed, signed,

and documented in the AF EONet. (T-1) Refer to paragraph 4.11 for information on

intake and initiation of the MEO complaint processes.

4.14.3.2. Installation EO directors and EO practitioners, through the installation

commander, will ensure that within five duty days of receipt of the formal complaint, the

General Court Martial Convening Authority (GCMCA) is provided an initial notification

that includes a detailed description of the allegations that (a) does not include the identifies

of the military complainant or alleged offender, (b) names of the installation EO director

and EO practitioner conducting the clarification, and (c) if available, the projected or final

completion date of the clarification. (T-0) All GCMCA notifications will be reviewed by

the installation commander prior to being released to the GCMCA. (T-1) Upon notifying

the GCMCA, the installation EO office will initiate the clarification process within the five

duty days of receipt of the formal complaint. (T-0)

4.14.3.3. Installation EO directors and EO practitioners will notify military complainant’s

commander and the alleged offender’s commander of the formal complaint within three

duty days of receipt of the formal complaint. (T-0) This includes informing the alleged

offender’s commander to make every effort to protect the identity of the military

complainant and alleged offender’s commander’s responsibility to brief the alleged

offender that they are the subject of a formal complaint. (T-0)

4.14.3.4. Installation EO directors and EO practitioners will inform military complainants

when the formal complaint process has commenced. (T-0) Installation EO directors and

EO practitioners will follow up with the military complainant every five duty days during

the formal complaint process until closure to provide status updates and address any

questions or concerns. (T-1) Installation EO directors and EO practitioners will ensure

military complainants are notified on whether informal complaints were substantiated or

not substantiated. (T-0)

4.14.3.5. Installation EO directors and EO practitioners will ensure that formal complaint

clarifications are completed not later than 30 duty days after the date on which the

clarification is initiated in accordance with DoDI 1350.02, DoD Military Equal

DAFI36-2710 23 MAY 2024 119

Opportunity Program, and DoDI 1020.03, Harassment Prevention and Response in the

Armed Forces. (T-0) The alleged offender’s commander, through the installation

commander, will submit a final report/notification, with the installation EO office courtesy

copied, on the clarification results and any actions taken as a result of the clarification to

the GCMCA within 36 duty days after the clarification was initiated. (T-0)

4.14.3.5.1. Installation EO directors and EO practitioners will be allotted 20 duty days

to complete complaint clarifications. (T-1)

4.14.3.5.2. Installation SJA offices will be allotted five duty days to conduct a

mandatory legal sufficiency review for substantiated and not substantiated formal

complaints. (T-0) Installation SJA offices will provide installation EO directors and

EO practitioners a legal sufficiency review memorandum on whether a preponderance

of credible evidence supports substantiated and not substantiated determinations in

accordance with relevant laws, DoD policies, and this publication. (T-1)

4.14.3.5.3. Commanders will be allotted five duty days to provide installation EO

directors and EO practitioners a description of corrective, administrative, and/or

disciplinary actions taken against military alleged offenders in substantiated and not

substantiated formal complaints. (T-1) Refer to paragraph 4.14.12.2.1 for additional

guidance for alleged civilian offenders and disciplinary or corrective action.

4.14.3.5.4. The final GCMCA report/notification for formal complaints will only

include the clarification results and any actions taken as a result of the clarification.

(T-0) The identities of the military complainant and the offenders are included in

GCMCA final report/notification for substantiated cases. (T-1) Corrective,

administrative, and/or disciplinary actions will be included in the GCMCA final

report/notification for substantiated cases. (T-1) However, for alleged civilian

offenders, adverse action will not be noted until the due process procedures of 5 CFR

Part 752 have been completed. (T-1) The final GCMCA report/notification will not

include the full clarification report generated by the installation EO office. (T-1) The

GCMCA will forward the final report/notification to the respective

MAJCOM/FLDCOM. (T-1)

4.14.3.5.5. Air Force Reserve Command (AFRC) EO offices will process formal

complaints within three RSDs where one RSD is allotted for EO director and EO

practitioner to complete complaint clarifications, one RSD is allotted for legal

sufficiency reviews, and one RSD is allotted for the alleged offender's commander

provide a description of corrective, administrative, and/or disciplinary actions taken in

substantiated and not substantiated formal complaints. (T-1)

4.14.3.6. If the overall formal complaint clarifications are not completed within the 30

duty days, installation EO directors may obtain an extension in writing from the installation

commander for not more than 30 calendar days. (T-0) Installation EO directors will provide

written justification for the need of the extension. (T-1) Extension requests will be

documented on DAF Form 1587. (T-1)

4.14.3.6.1. If the extension is approved, the installation commander will notify the

GCMCA on the progress made in completing the clarification every 14 calendar days

thereafter until the clarification is completed. (T-0) Installation EO directors will be

120 DAFI36-2710 23 MAY 2024

allotted 10 calendar days of the 14 calendar days to provide the installation commander

with a progress update to support the GCMCA notification requirement. (T-1) Once

the clarification is completed, he installation commander will submit a GCMCA final

report/notification on the clarification results and any actions taken as a result of the

clarification. (T-0)

4.14.3.6.2. If the extension is approved, installation EO directors and practitioners will

advise the complainant and the alleged offender’s commander will advise the alleged

offender(s) of the extension, its duration, and the reasons for which it was requested.

(T-0) This will be documented on the DAF Form 1587. (T-1)

4.14.3.6.3. For AFRC, if the overall formal complaint clarifications not completed

within the three RSDs, AFRC EO directors may obtain an extension in writing from

the installation commander for not more than six RSDs. (T-1) Extension requests will

be in three RSD increments. (T-1) AFRC EO directors will provide written justification

for the need of the extension. (T-1) Extension requests will be documented on DAF

Form 1587. (T-1) If the extension(s) is approved, the installation commander will

notify the GCMCA on the progress made in completing the clarification every one RSD

thereafter until the clarification is completed. (T-1)

4.14.3.7. Installation EO directors, through the installation commander, will ensure all

GCMCA notifications are completed. (T-1) All GCMCA notifications will be reviewed by

the installation commander prior to being released to the GCMCA. (T-1)

4.14.3.8. The installation EO office and the MAJCOM/FLDCOM EO functional manager

will be courtesy copied on all GCMCA notifications, to include the final GCMCA

report/notification, to ensure pertinent information is documented into the AF EONet.

(T-1)

4.14.3.9. Due to potential conflicting responsibilities, the installation commander will not

name any individual assigned to an installation EO office as the action officer to up channel

complaints to the GCMCA. (T-1) The installation action officer will be, at minimum, in

the grade of O-3 or above, a senior non-commissioned officer, or a civilian employee of

the grade GS-12 or above. (T-1)

4.14.3.10. All formal complaint clarifications will be reviewed for legal sufficiency. (T-0)

4.14.3.11. Commanders will not release complaint files and documentation associated

with the complaint clarification, to include the clarification report, without prior approval

from the installation EO director. (T-1) Installation EO directors will consult with the SJA

office prior to releasing complaint files and documentation associated with the complaint

clarification, to include the clarification report. (T-1) Refer to paragraph 4.10 for

safeguarding privacy.

4.14.4. Installation EO Directors and EO Practitioners Responsibilities. In addition to other

procedures and responsibilities outlined in this chapter, installation EO director and EO

practitioner will ensure the following for formal complaints:

4.14.4.1. Closely monitor and ensure timely processing of all formal complaints through

the complaint clarification process in accordance with this chapter to include proper

documentation of the CWI Worksheet on the DAF Form 1587 in the AF EONet. This

DAFI36-2710 23 MAY 2024 121

includes filing the CWI Worksheet in the appropriate case file. Installation EO directors

and EO practitioners will code formal complaints in the AF EONet in accordance with

AFPC EO Operations provided operational guidance and template(s). (T-1) For

operational guidance and additional resources (e.g., templates), refer to the AFPC EO

Operations SharePoint at https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or

contact your respective MAJCOM/FLDCOM EO functional manager or AFPC EO

Operations.

4.14.4.2. Follow up with the military complainant every five duty days during the formal

complaint process until closure to provide status updates and address any questions or

concerns. (T-1) Exceptions may apply for formal complaints involving sexual harassment

that are investigated by SF. (T-1) Refer to paragraph 4.15 for additional information on

the formal complaint process for sexual harassment.

4.14.5. Commanders of Alleged Offenders Responsibilities. In addition to other procedures

and responsibilities outlined in this chapter, commanders of alleged offender will:

4.14.5.1. Upon notification from the installation EO office of a formal complaint, notify

the alleged offenders that they are the subject of a formal complaint. (T-0) Commanders

will provide information about the formal complaint process, inform them that the

installation EO office will be conducting the formal complaint clarification, and provide

the contact information for the installation EO director and EO practitioner that will be

conducting the complaint clarification. (T-1)

4.14.5.2. Notify the installation EO office once they have briefed the alleged offenders

that a formal complaint has been filed. (T-1)

4.14.5.3. Make every effort to protect the identity of the military complainant and refrain

from providing details contained on DAF Form 1587 to the alleged offender. (T-1)

4.14.5.4. Caution the alleged offenders to refrain from any form of reprisal or retaliation.

(T-1)

4.14.5.5. Advise the alleged offender not to discuss the case with others during the

complaint clarification process. (T-1)

4.14.5.6. Advise the alleged offender that they will have an opportunity to respond to the

allegations and may provide names of potential witness to the installation EO office during

the complaint clarification process. (T-1)

4.14.5.7. Conduct frequent follow ups and wellness checks with the alleged offenders to

ensure the alleged offender’s wellbeing is considered throughout the formal complaint

clarification process. (T-1) This includes providing military complainants and alleged

offenders with information about available on- and off- installation support resources and

facilitate warm hand-offs/referrals as requested or warranted. (T-0)

4.14.5.8. Brief the alleged offender of the results of the formal complaint clarification.

(T-0)

4.14.5.9. Take appropriate disciplinary or administrative action when a complaint is

substantiated (T-0) Provide the installation EO office with a description of any disciplinary

or administrative actions taken against offenders for both substantiated and not

122 DAFI36-2710 23 MAY 2024

substantiated formal complaints to ensure pertinent information is documented into the AF

EONet. (T-1)

4.14.6. Formal Complaint Clarification. The formal complaint clarification is a process that

involves installation EO directors and EO practitioners interviewing and/or taking statements

from individuals and gathering pertinent information to establish a preponderance of credible

evidence regarding the formal MEO complaint filed. Credible evidence is evidence that is

believable, confirmed, and corroborated to be sufficient to serve as the basis for a determination

on the allegations. Installation EO directors and EO practitioners may use information gathered

from other investigations in conjunction with but not in lieu of the formal clarification process.

(T-1) Refer to Chapter 8 for additional guidance about EO authorization to access records and

information.

4.14.7. Coordination During Complaint Clarification. Installation EO directors and EO

practitioners will ensure timely and proper coordination with relevant stakeholders when

conducting complaint clarifications to ensure meeting prescribed timelines and requirements.

(T-1) Installation EO directors and EO practitioners will:

4.14.7.1. Coordinate all interviews and statement gathering with the respective

commanders (or designated point of contacts) for all pertinent individuals relevant to the

complaint (i.e., complainants, alleged offenders, witnesses, etc.). (T-1)

4.14.7.2. Coordinate with the installation SJA office and obtain installation commander

approval before conducting interviews involving military members and civilian employees

who are assigned to other military service branches or DoD or federal agencies, and any

contractors. (T-1)

4.14.7.3. Develop clarification interview questions for all of the specific allegations and

coordinate with the installation SJA office to obtain feedback and concurrence prior to

conducting interviews. (T-1) Installation EO directors and EO practitioners will ensure

interview questions include open-ended, objective, and relevant questions. (T-1)

Installation EO directors and EO practitioners may deviate from the interview outline

where necessary and relevant to conducting the complaint clarification process. (T-1) For

operational guidance and additional resources (e.g., templates), refer to the AFPC EO

Operations SharePoint at https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or

contact your respective MAJCOM/FLDCOM EO functional manager or AFPC EO

Operations.

4.14.7.4. Coordinate with the installation SJA office to ensure legal sufficiency reviews

for all substantiated and not substantiated formal complaints. (T-0)

4.14.7.5. Coordinate with the installation SJA office when installation EO directors and

EO practitioners become aware of allegations that could result in Uniform Code of Military

Justice (UCMJ) actions against a military member or adverse action against a civilian

employee. (T-1) Refer to paragraph 4.18.9 for additional information.

4.14.7.6. Coordinate with the installation commander, SJA office, and respective

commanders to ensure GCMCA notifications are conducted where required. (T-1)

4.14.7.7. Notify and forward the final GCMCA report/notification to their respective

MAJCOM/FLDCOM EO functional manager. (T-1)

DAFI36-2710 23 MAY 2024 123

4.14.7.8. Notify and coordinate with the respective MAJCOM/FLDCOM EO functional

managers when assistance is required to interview or take statements from any witnesses

or alleged offenders assigned outside of their installation. (T-1)

4.14.7.8.1. Installation EO directors and EO practitioners at the impacted installation

needing assistance will share in a timely manner all required information and

documentation with the MAJCOM/FLDCOM EO functional manager and other

installation EO directors and EO practitioners that may be asked to assist in conducting

interviews or taking statements. (T-1)

4.14.7.8.2. MAJCOM/FLDCOM EO functional managers will support the impacted

installation EO office needing assistance by coordinating within their respective

MAJCOM/FLDCOM as well as other installation EO offices within their scope of

responsibility. (T-1)

4.14.7.8.3. Installation EO directors and EO practitioners will notify and coordinate

with the respective MAJCOM/FLDCOM EO functional managers where complaints

have a complicated structure and/or circumstances on appropriate complaint processing

procedures and intervention. (T-1) Refer to paragraph 4.20 for information on

complex issues.

4.14.8. Conducting Witness Interviews. Installation EO directors and EO practitioners, in

consultation and coordination with the servicing legal office and CPS concerning any

requirements on local bargaining unit requirements throughout the interview process, will

directly schedule interviews with the military member and/or DAF civilian employee

witnesses. (T-1) If a witness is nonresponsive to the EO office’s request for interviews,

installation EO directors and EO practitioners will notify and coordinate with the witness’s

commander or first sergeant (and civilian equivalents) to ensure the witness is available for

interviews. (T-1)

4.14.8.1. At the start of all interviews, installation EO directors and EO practitioners will

inform witnesses that the installation EO office is conducting a clarification on a formal

MEO complaint and that that individual has been identified as a witness. (T-1) Installation

EO directors and EO practitioners will inform witnesses that disclosures made during

interviews are treated as CUI and will be shared with appropriate officials with a need to

know and that witnesses do not have privilege of confidentiality. (T-1)

4.14.8.2. During witness interviews, installation EO directors and EO practitioners will

provide a general description of the allegations to afford witnesses the opportunity to

provide additional information that assists in examining whether the facts meet the

elements of the definition of the MEO allegations. (T-1)

4.14.8.3. During witness interviews, installation EO directors and EO practitioners will

inform witnesses that the identity of the military complainant will not be disclosed without

consent from the military complainant, unless such disclosures are necessary throughout

the clarification process or required by laws, regulations, and policies. (T-1)

4.14.8.4. Installation EO directors and EO practitioners will inform witnesses that they

have the right to request a copy of the final clarification report, redacted as necessary and/or

required, in accordance with the Privacy Act, FOIA, and any other applicable laws and

regulations. (T-0)

124 DAFI36-2710 23 MAY 2024

4.14.8.5. Prior to interviewing any civilian employee member of a bargaining unit (i.e.,

bargaining unit), installation EO directors and EO practitioners will contact the installation

SJA office and labor relations offices to evaluate management obligations and potential

limitations of civilian employee bargaining unit member participation in the clarification

process. (T-1)

4.14.8.5.1. Federal employees have a right to bargaining unit representation during the

complaint clarification interview per 5 USC § 7101 and § 7114(a)(2)(B). (T-0) Prior to

interviewing civilian employee witnesses, installation EO directors and EO

practitioners will determine the civilian employee’s bargaining status and the details of

their bargaining agreement. (T-1)

4.14.8.5.1.1. A civilian employee may request the presence of a bargaining unit

representative during a complaint clarification interview when the employee

reasonably believes discipline may occur as a result. This is referred to as

“Weingarten” rights. To exercise this right, the civilian employee must request

representation. (T-0) There is no duty for installation EO directors and EO

practitioners to advise the civilian employee of this right unless it is provided for in

the collective bargaining agreement. If the civilian employee invokes Weingarten

rights, installation EO directors and EO practitioners will stop the interview and

consult with the installation SJA office and installation labor relations management

official before proceeding with the interview. (T-1)

4.14.8.5.1.2. The civilian employee witness may have a bargaining unit

representative in the complaint clarification interview. The bargaining unit

representative is a personal representative of the civilian employee and may provide

advice, consult with the witness, and suggest areas of inquiry. (T-0) The bargaining

unit representative must not answer questions for the civilian employee witness,

obstruct the interview, or instruct the civilian employee witness not to answer

legitimate questions. (T-0)

4.14.8.6. If a military member witness refuses to be interviewed, the witness’s commander

can order the witness to participate and respond to questions during interviews. A military

member witness has a duty to participate and attest to what they know and can only refuse

to answer questions that would incriminate them. (T-0)

4.14.8.7. If a civilian employee witness refuses to be interviewed, a civilian employee's

commander (and civilian equivalent) or supervisor can direct the witness to participate and

respond to questions in interviews during duty hours. A civilian employee has a duty to

participate and attest to what they know and can only refuse to answer questions that may

incriminate them. (T-0)

4.14.8.8. A civilian (non-employee) member of the public cannot be ordered or directed

to participate in interviews as a witness. (T-0) This also includes contractor employees,

dependents of active-duty military, and non-DoD affiliated civilian employees. (T-0)

Installation EO directors and EO practitioner may invite a civilian (non-employee) member

to participate and respond to questions during interviews. (T-1) If a civilian (non-

employee) member refuses to participate, they cannot be directed or compelled to

participate. (T-0)

DAFI36-2710 23 MAY 2024 125

4.14.8.8.1. If Installation EO directors and EO practitioners believes a contractor

employee has information essential to the complaint clarification, installation EO

directors and EO practitioners will consult with the SJA office and appropriate

contracting officer or appropriate acquisition official (e.g., program manager,

sustainment product manager, program executive office, or program office contracting

officer) to determine whether the contract obligates the contractor and its employees to

assist with the complaint clarification. (T-1)

4.14.8.9. If during the interview, installation EO directors and EO practitioners determine

that a military member witness (not alleged offender) may have disclosed self-

incriminating information, installation EO directors and EO practitioners will immediately

suspend the interview and immediately notify and consult with the installation SJA office

to determine whether to continue or cease any complaint processing and whether such

allegations will need to be referred. (T-1) Refer to paragraphs 4.18.8 and 4.18.9 for

additional information on potential UCMJ actions and suspected criminal or extremist

activities.

4.14.8.9.1. If the SJA office advises installation EO directors and EO practitioners to

continue the clarification, the SJA office will advise whether to provide the witness a

revised rights advisement and whether to use AF Form 1168, Statement of

Suspect/Witness/Complainant. (T-1)

4.14.8.10. Installation EO directors and EO practitioners will terminate interviews if the

witness declines to answer questions, requests to leave, or asks for legal counsel. (T-1)

4.14.8.11. At the conclusion of interviews, installation EO directors and EO practitioners

will document the witness’ responses to the allegations. (T-1) Once all responses have been

documented, the witness will review their interview statement summary and sign if they

agree with the information documented. (T-1) If the witness is not in agreement with how

the information was captured, the witness will be provided the opportunity to update their

responses in coordination with installation EO directors and EO practitioners and sign the

updated statement. (T-1) A witness may retain a copy of their witness statement, but the

installation EO office is not authorized to release the list of interview questions. (T-1)

4.14.8.12. At the conclusion of interviews, installation EO directors and EO practitioners

will advise witnesses not to disclose or discuss the formal complaint with others to ensure

privacy and objectivity of all involved. (T-1)

4.14.9. Conducting Alleged Offender Interviews. Installation EO directors and EO

practitioners, in consultation and coordination with the servicing legal office and CPS

concerning any requirements on local bargaining unit requirements throughout the interview

process, will directly schedule interviews with the alleged offender in coordination with the

respective alleged offender’s commander (or designated point of contacts) unless the alleged

offender’s area defense counsel (ADC) engages on behalf of their client to schedule the

interview, provide a statement from the alleged offender who declines an interview, or conduct

other actions. (T-1) In such circumstances, installation EO directors and EO practitioners will

coordinate with the ADC. (T-1)

126 DAFI36-2710 23 MAY 2024

4.14.9.1. Prior to interviewing military alleged offender, installation EO directors and EO

practitioners will coordinate and consult with the installation SJA office on alleged

offender’s rights advisement, including the need to provide rights advisement and possible

UCMJ violations. (T-1)

4.14.9.1.1. If the installation SJA office recommends conducting a rights advisement

or installation EO directors and EO practitioners suspect that the military alleged

offenders have committed an offense under the UCMJ, installation EO directors and

EO practitioners will advise the military alleged offenders of their rights against self-

incrimination under Article 31, Compulsory self-incrimination prohibited, of the

UCMJ before conducting the interview. (T-0)

4.14.9.1.2. Installation EO directors and EO practitioners will use AF Form 1168,

Statement of Suspect/Witness/Complainant, when advising military alleged offenders

of their rights. (T-1) Installation EO directors and EO practitioners will ensure the

military alleged offender initials and signs AF Form 1168 before initiating interviews.

(T-1)

4.14.9.1.3. After providing rights advisement, the installation EO directors and EO

practitioners will ensure any waiver of rights is knowingly made and voluntary by the

alleged offenders. (T-1)

4.14.9.2. In the formal MEO complaint clarification process, installation EO directors and

EO practitioners are not authorized to and will not advise civilian employee alleged

offenders of their Fifth Amendment (Miranda) rights. (T-0)

4.14.9.3. Federal employees have a right to bargaining unit representation during the

complaint clarification interview per 5 USC § 7101 and § 7114(a)(2)(B). (T-0) Prior to

interviewing civilian employee alleged offenders, installation EO directors and EO

practitioners will determine the civilian employee’s bargaining status and the details of

their bargaining agreement. (T-1)

4.14.9.3.1. A civilian employee may request the presence of a bargaining unit

representative during a complaint clarification interview when the employee

reasonably believes discipline may occur as a result. This is referred to as “Weingarten”

rights. To exercise this right, the civilian employee must request representation. (T-0)

There is no duty for installation EO directors and EO practitioners to advise the civilian

employee of this right unless it is provided for in the collective bargaining agreement.

If the civilian employee invokes Weingarten rights, installation EO directors and EO

practitioners will stop the interview and consult with the installation SJA office and

installation labor relations management official before proceeding with the interview.

(T-1)

4.14.9.3.2. The civilian employee alleged offender may have a bargaining unit

representative in the complaint clarification interview. The bargaining unit

representative is a personal representative of the civilian employee and may provide

advice, consult with the alleged offender, and suggest areas of inquiry. (T-0) The

bargaining unit representative must not answer questions for the alleged civilian

offender, obstruct the interview, or instruct the civilian employee alleged offender not

to answer legitimate questions. (T-0)

DAFI36-2710 23 MAY 2024 127

4.14.9.4. At the start of all interviews, installation EO directors and EO practitioners will

inform alleged offender that the installation EO office is conducting a clarification on a

formal MEO complaint and that that individual has been identified as an alleged offender.

(T-1) Installation EO directors and EO practitioners will:

4.14.9.4.1. Inform alleged offenders that their cooperation is strictly voluntary and

they are free to leave at any time. (T-1)

4.14.9.4.2. Inform alleged offenders that disclosures made during interviews are

treated as CUI and will be shared with appropriate officials with a need to know and

that the alleged offenders do not have any privilege of confidentiality. (T-1)

4.14.9.5. During complaint clarification interviews, installation EO directors and EO

practitioners will provide alleged offenders a general description of the allegations made

against them and advise alleged offenders that they will have an opportunity to respond to

the allegations and may provide names of potential witness to the installation EO office

during the complaint clarification process. (T-1)

4.14.9.6. If during the interview, installation EO directors and EO practitioners determine

that alleged offenders may have disclosed self-incriminating information, installation EO

directors and EO practitioners will immediately suspend the interview and immediately

notify and consult with the installation SJA office to determine whether to continue or

cease any complaint processing and whether such allegations will need to be referred. (T-1)

Refer to paragraphs 4.18.8 and 4.18.9 for additional information on potential UCMJ actions

and suspected criminal or extremist activities.

4.14.9.7. Installation EO directors and EO practitioners will terminate interviews if the

alleged offenders decline to answer questions, requests to leave, or asks for legal counsel.

(T-1)

4.14.9.8. At the conclusion of interviews, installation EO directors and EO practitioners

will document the alleged offender’s responses to the allegations. (T-1) Once all responses

have been documented, the alleged offender will review their interview statement summary

and sign if they agree with the information documented. (T-1) If the alleged offender is not

in agreement with how the information was captured, the alleged offender will be provided

the opportunity to update their responses in coordination with installation EO directors and

EO practitioners and sign the updated statement. (T-1) An alleged offender may retain a

copy of their statement, but the installation EO office is not authorized to release the list of

interview questions. (T-1)

4.14.9.9. At the conclusion of interviews, installation EO directors and EO practitioners

will advise alleged offenders not to disclose or discuss the formal complaint with others to

ensure privacy and objectivity of all involved. (T-1)

4.14.9.10. Installation EO directors and EO practitioners will inform alleged offenders that

they have the right to request a copy of the final clarification report, redacted as necessary

and/or required, in accordance with the Privacy Act, FOIA, and any other applicable laws

and regulations. (T-0)

128 DAFI36-2710 23 MAY 2024

4.14.10. Clarification Report Writing. Installation EO directors and EO practitioners, in a

timely manner, will write a clarification report at the conclusion of interviewing and/or taking

statements from individuals and gathering pertinent information to establish a preponderance

of credible evidence regarding the formal MEO complaint filed. (T-0)

4.14.10.1. Installation EO directors and EO practitioners will write the clarification report

in accordance with AFPC EO Operations provided operational guidance and clarification

report template. (T-1) For operational guidance and additional resources (e.g., templates),

refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

4.14.10.2. Clarification reports must include enough information for the alleged offender’s

commander to take action to prevent, intervene, and eliminate the negative behaviors. (T-1)

This includes including the clarification results of substantiated or not substantiated. (T-1)

4.14.11. Clarification Report Coordination with the Staff Judge Advocate. Installation EO

directors and EO practitioners will coordinate the clarification report with the installation SJA

office for a legal sufficiency review prior to forwarding to the military complainant’s

commander and the alleged offender’s commander (if different) for review and action. (T-1)

This includes forwarding all relevant case files and documentation associated with the

respective formal complaint to the SJA office for review. (T-1)

4.14.12. Clarification Determinations. If the clarification process results in a determination

that an MEO violation has occurred, the complaint is substantiated. (T-1) If at least one

allegation in the formal complaint is substantiated, the overall complaint is considered

substantiated. (T-1)

4.14.12.1. When the installation EO office and the installation SJA office disagree over

whether to substantiate a formal complaint, the installation EO director will forward the

complaint to the installation commander to make a final determination. (T-1)

4.14.12.2. After a legal review, installation EO directors and EO practitioners will forward

the clarification report with substantiated allegations to the alleged offender’s commander

(if different from the military complainant’s commander) for action. (T-1) The respective

commander will provide a summary of actions taken against the offender for substantiated

allegations to the installation EO office. (T-0) The respective commander will not release

or share the clarification report with the offender. (T-1) If action has not been taken against

the alleged offender, the installation EO office will continue to follow up every 30 duty

days thereafter until action is taken against the alleged offender. (T-1)

4.14.12.2.1. For alleged civilian offenders, the appropriate authority will determine

what disciplinary or corrective action, if any, will be taken in accordance with due

process procedures pursuant to 5 CFR Part 752, established merit systems principles

outlined in DAFI 36-148, and local negotiated labor agreements. (T-0) The

substantiation of a formal MEO complaint will not be a sufficient basis to impose

discipline under the statutory due process requirement. (T-0) The appropriate decision

authority will notify the EO office of final disciplinary or corrective actions taken

against offenders for substantiated formal MEO complaints to ensure pertinent

information is documented into AF EONet. (T-1) The installation EO office will follow

DAFI36-2710 23 MAY 2024 129

up every 15 duty days until disciplinary or corrective action is taken against the alleged

civilian offender pursuant to the statutory due process requirement. (T-1)

4.14.12.3. After a legal review, installation EO directors and EO practitioners will forward

the clarification report with not substantiated allegations to the alleged offender’s

commander (if different from the military complainant’s commander) for them brief the

alleged offender of the determination of the complaint clarification. (T-0) The respective

commander will not release or share the clarification report with the alleged offender. (T-1)

4.14.12.4. Installation EO directors and EO practitioners will outbrief the military

complainant on the determination of the complaint clarification and military complainant’s

rights to appeal where applicable. (T-0) The military complainant will sign the DAF Form

1587 for acknowledgement at the conclusion of the outbrief. (T-1)

4.14.12.5. Installation EO directors and EO practitioners will contact the military

complainant within 14 duty days after the military complainant signed DAF Form 1587 for

a final follow-up to ensure reprisal or retaliation has not occurred against them. (T-1) If the

military complainant alleges reprisal, installation EO directors and EO practitioners will

conduct a non-EO contact referral to the inspector general (IG) office for processing in

accordance with DAFI 90-301, Inspector General Complaints Resolution. (T-0) If the

military complainant alleges retaliation, installation EO directors and EO practitioners will

immediately conduct a non-EO contact referral to the military member’s commander to

take appropriate action in accordance with AFI 36-2909, Professional and Unprofessional

Relationships and Conduct. (T-1) Refer to paragraph 4.18.11 through 4.18.11.2 for

additional information and procedures.

4.14.13. Military Complainant Withdrawal of Formal Complaints. Military complainants may

request in writing to withdraw their formal complaints with the installation EO director who

serves as the formal complaint withdrawing authority. (T-1)

4.14.13.1. Prior to withdrawing the formal complaint, installation EO directors will

discuss the decision with the military complainant to ensure the military complainant was

not pressured or coerced to withdraw the complaint. (T-1)

4.14.13.2. When a formal complaint is withdrawn by the military complainant, installation

EO directors and EO practitioners will notify and brief the military complainant’s and

alleged offender’s commanders (if different) of the complaint withdrawal by the military

complainant. (T-1)

4.14.13.3. When a formal complaint is withdrawn by the military complainant, the alleged

offender’s commander will notify and brief the alleged offender of the complaint

withdrawal. (T-1)

4.14.13.4. Installation EO directors and EO practitioners will document the withdrawal

action on DAF Form 1587 and close the formal complaint. (T-1)

4.14.14. Case Closure. A formal complaint is considered closed when the military

complainant signs the updated DAF Form 1587 after they have been outbriefed on the

complaint clarification determination, the final follow up has been conducted with the military

complainant, the commander has provided the installation EO director or EO practitioner with

130 DAFI36-2710 23 MAY 2024

actions taken, and the installation EO director has reviewed and signed the DAF Form 1587.

(T-1)

4.14.15. Formal Complaint Appeals.

4.14.15.1. Applicability. Military complainants who filed a formal complaint may appeal

not substantiated determinations as a result of a complaint clarification. (T-0) Military

offenders who had substantiated determinations against them as a result of a complaint

clarification may appeal those substantiated determinations. (T-0) Military complainants

and military offenders must file their appeal through the installation EO office that

processed the formal complaint. (T-1) Refer to paragraph 4.15.10 for guidance on appeals

for formal complaints of sexual harassment.

4.14.15.1.1. Military complainants and military offenders who separate or retire from

the DAF during or after a complaint is closed may not appeal the determinations of the

formal complaint clarification. (T-1)

4.14.15.1.2. Commanders should withhold command action until a formal MEO

complaint appeal is completed. (T-0)

4.14.15.1.3. The formal MEO complaint appeals process is not applicable to command

action rendered under the UCMJ or any administrative process as a result of a

substantiated complaint. When a commander initiates, or has previously initiated,

action under the UCMJ or any administrative process is taken as a result of a

substantiated complaint, that action takes precedence over any ongoing contemplated

formal MEO complaint appeal. (T-1) In such circumstances, the applicable UCMJ or

administrative appeal processes are the exclusive method of redress. (T-1)

4.14.15.1.4. For formal MEO complaints that resulted in an IG investigation, the

military complainant and alleged offender will only appeal through the IG process.

(T-1) The IG will inform the installation EO office of the final determination of the

appeal. (T-1) Military complainants, alleged offenders, and offenders may not use the

IG system simply because they are dissatisfied with the determination of a formal MEO

complaint clarification. (T-1) The IG system will not be an available channel of review

unless there was an abuse or mishandling of the established process for appealing

formal MEO complaints. (T-1)

4.14.15.1.5. For alleged civilian offenders where an allegation of prohibited

discrimination, discriminatory harassment, and other forms of harassment (bullying

and hazing) is substantiated in a formal MEO complaint and disciplinary actions are

implemented against the alleged civilian offender following the procedures set out in 5

CFR Part § 752, they may have appeal rights pursuant to 5 USC § 7701 and 5 CFR §

752.405 for any actions that are appealable to the MSPB. (T-0) An alleged civilian

offender, who is a bargaining unit employee and covered by a negotiated grievance

procedure under a recognized collective bargaining agreement, may contact their

bargaining unit and elect to file a grievance. (T-0) If a matter is covered by 5 CFR §

752.405 and appealable to the MSPB and the negotiated grievance procedure pursuant

to a collective bargaining agreement, the alleged civilian offender may elect to file

under either, however they cannot file under both. (T-0)

DAFI36-2710 23 MAY 2024 131

4.14.15.2. Appeal Timeliness. An administrative finding concerning MEO allegations

rendered through the formal MEO complaint process may be appealed by the military

complainant or military offender within 30 calendar days (2 RSDs for AFRC) of receiving

notice of formal complaint clarification determinations. (T-0) Military complainants and

military offenders seeking to file an appeal of a formal MEO complaint are hereafter

referred to as appellants.

4.14.15.2.1. Installation commanders may approve the processing of an appeal to a

formal MEO complaint beyond 30 calendar days for good cause based on a

memorandum with sufficient justification provided by appellants and submitted

through the installation EO office. (T-1) If an installation commander accepts an appeal

beyond 30 calendar days, a written approval acceptance memorandum is required.

(T-1)

4.14.15.2.2. Military complainants and military offenders who are dissatisfied with the

action on their appeal to a formal MEO complaint have 30 calendar days (2 RSDs for

AFRC) from receipt of an appeal determination to appeal to the next higher level. (T-1)

Appellants will submit their appeals to the next higher level through the installation EO

office. (T-1)

4.14.15.2.3. Appeal authorities as described in paragraph 4.14.15.3 may approve the

processing of an appeal beyond the 30 calendar days for good cause based on a

memorandum with sufficient justification provided by appellants and submitted

through the installation EO office. (T-1)

4.14.15.3. Appeal Authorities. Installation commanders (first level of appeal),

MAJCOM/FLDCOM deputy commanders (second level of appeal) and the Air Force

Review Boards Agency (AFRBA) (SAF/MRB) (third and final level of appeal) are

authorized to render decisions on appeals that involve formal MEO complaints. (T-0) For

AFRC, the installation or wing commander is the first level appeal authority and cases may

be appealed to the MAJCOM/FLDCOM deputy commander (second level) and the

AFRBA (third and final level). (T-1)

4.14.15.3.1. Appeal authorities will base all appeal decisions on the formal MEO

complaint case file and any additional appellant provided written documentation

submitted with the appeal. (T-1)

4.14.15.3.2. Appeal authorities may sustain or overrule the formal complaint

determination or remand the matter for further clarification. (T-1) Appeal authorities

will issue a written memorandum with the appeals determination that includes a brief

summary of the actions taken on the appeal. (T-1)

4.14.15.4. Appeal Procedures. Appellants must file their appeal through the installation

EO office that processed the respective formal complaint starting at the first and lowest

level of command with authority to render decisions on appeals. (T-1)

4.14.15.4.1. All appeals will be submitted in writing and will contain no more than

three single spaced typed pages. (T-1) Appellants may attach supporting documents to

the written appeal request. (T-1) Appellants will file a separate appeal request for each

command level they elect to file an appeal. (T-1)

132 DAFI36-2710 23 MAY 2024

4.14.15.4.2. For first level appeals, installation EO directors will send the respective

installation commander the appeals package that will include: the appellant’s first level

written request with supporting documentation, where applicable; and a complete copy

of the formal complaint case file. (T-1) Installation EO directors will only send the first

level appeals package after a legal sufficiency review. (T-1)

4.14.15.4.2.1. After conducting a quality control review, the respective installation

EO director will provide a complete first level appeals package to the installation

commander to sustain or overrule the formal complaint determination. (T-1)

4.14.15.4.2.2. If the installation commander remands the matter for further

clarification, the installation EO Director will provide updated case information

from the installation EO office to the installation commander to render a written

determination. (T-1) If an appeal results in the appeal authority referring the case

for further clarification, the installation EO office will apprise the appellant and

inform them of the anticipated date of further action. (T-1)

4.14.15.4.2.3. The installation commander will provide the first level appeals

authority’s determination memorandum to the installation EO office. (T-1)

4.14.15.4.3. For second level appeals, installation EO directors will send to the

respective MAJCOM/FLDCOM EO functional manager the appeals package that will

include: appellant’s first level written request; first level appeals authority’s

determination memorandum; appellant’s second level written request with supporting

documentation, where applicable; and a complete copy of the formal complaint case

file. (T-1) Installation EO directors will only send the second level appeals package

after a legal sufficiency review. (T-1)

4.14.15.4.3.1. The respective MAJCOM/FLDCOM EO functional manager will

provide a complete second level appeals package to the MAJCOM/FLDCOM

deputy commander to sustain or overrule the formal complaint determination. (T-1)

4.14.15.4.3.2. If the MAJCOM/FLDCOM deputy commander remands the matter

for further clarification, the MAJCOM/FLDCOM EO functional manager will

provide updated case information from the installation EO office to the

MAJCOM/FLDCOM deputy commander to render a written determination. (T-1)

If an appeal results in the appeal authority referring the case for further clarification,

the installation EO office will apprise the appellant and inform them of the

anticipated date of further action. (T-1)

4.14.15.4.3.3. The MAJCOM/FLDCOM EO functional manager will provide the

second level appeals authority’s determination memorandum to the installation EO

office. (T-1)

4.14.15.4.4. For third and final level appeals, installation EO directors will send to the

respective MAJCOM/FLDCOM EO functional manager the appeals package that will

include: appellant’s first level written request; first level appeals authority’s

determination memorandum; appellant’s second level written request, second level

appeals authority’s determination memorandum; appellant’s third level written request

with supporting documentation, where applicable; and a complete copy of the formal

complaint case file. (T-1)

DAFI36-2710 23 MAY 2024 133

4.14.15.4.4.1. After conducting a quality control review, the respective

MAJCOM/FLDCOM EO functional manager will provide a complete third level

appeals package to SAF/MRQ through AFPC EO Operations. (T-1) AFPC EO

Operations will provide written acknowledgment to the respective

MAJCOM/FLDCOM EO functional manager within 48 hours of receipt of the third

level appeals package. (T-1) MAJCOM/FLDCOM EO functional managers will

forward the written acknowledgement of AFPC EO Operations to the respective

installation EO director within 48 hours of receipt from AFPC EO Operations.

(T-1) If AFPC EO Operations has not provided a written acknowledgment to the

respective MAJCOM/FLDCOM EO functional manager within 48 hours after

submission of the third level appeals package, the respective MAJCOM/FLDCOM

EO functional manager will follow up with AFPC EO Operations every five duty

days to receive a status update from AFPC EO Operations and forward the status

to the respective installation EO director. (T-1) SAF/MRQ will provide the third

level appeals package to AFRBA to sustain or overrule the formal complaint

determination. (T-1) SAF/MRQ will return incomplete third level appeals packages

to MAJCOM/FLDCOM EO functional managers through AFPC EO Operations for

correction. (T-1)

4.14.15.4.4.2. Installation EO directors and MAJCOM/FLDCOM EO functional

managers will use the Air Force Review Boards Agency MEO Formal Appeal

Standard Case File template when submitting third level appeals packages. (T-1)

Installation EO directors and MAJCOM/FLDCOM EO functional managers will

submit third level appeals packages in accordance with any additional AFPC EO

Operations provided operational guidance. (T-1) For operational guidance and

additional resources (e.g., templates), refer to the AFPC EO Operations SharePoint

at https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your

respective MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

4.14.15.4.4.3. If AFRBA remands the matter for further clarification, the

MAJCOM/FLDCOM EO functional manager will provide updated case

information from the installation EO office to SAF/MRQ through AFPC EO

Operations. (T-1) SAF/MRQ will provide the third level appeals package to the

AFRBA to render a written determination. (T-1) If an appeal results in the appeal

authority referring the case for further clarification, the installation EO office will

apprise the appellant and inform them of the anticipated date of further action. (T-1)

4.14.15.4.5. Installation EO directors and EO practitioners will provide appellants with

the written a determination memorandum from the respective appeal authority. (T-0)

4.14.15.4.6. In the event an appeals authority overrules the formal complaint

determination on appeal, installation EO directors and EO practitioners will notify the

military complainant or alleged offender that they have appeal rights to the overruled

formal complaint determination unless the appeal is at the third and final level of

appeal. (T-1) There is no option to appeal the final decision authority. (T-1)

4.14.15.4.7. Formal complaint appeals determinations will be documented by

installation EO directors and EO practitioners on DAF Form 1587 in the AF EONet.

134 DAFI36-2710 23 MAY 2024

(T-1) Installation EO directors and EO practitioners will maintain a copy of the appeals

determinations in the appropriate case file. (T-1)

4.14.15.4.8. Installation EO directors and EO practitioners will follow up with the

military complainant within 14 duty days (2 RSDs for AFRC) to determine if the

military complainant has experienced reprisal and/or retaliation as a result of seeking

appeals. (T-1) Installation EO directors and EO practitioners will document this on

DAF Form 1587 in the AF EONet. (T-1) Refer to paragraph 4.18.11 for additional

information and procedures for reprisal and retaliation.

4.15. Formal Complaints of Sexual Harassment Pursuant to the Procedures in 10 USC §

1561.

4.15.1. Overview. Formal complaints of sexual harassment will result in an independent

investigation pursuant to the procedures in 10 USC § 1561. (T-0) Military members are not

required to file an informal complaint of sexual harassment prior to filing a formal complaint

of sexual harassment. (T-1) There are no timeline requirements for military members to file a

formal complaint of sexual harassment pursuant to the procedures in 10 USC § 1561. (T-0)

Military members experiencing sexual harassment are encouraged to promptly file a formal

complaint as early as possible to help ensure timely access to witnesses, bystanders, and other

pertinent information regarding the incident(s). Delays in reporting may hinder the DAF’s

ability to prevent, intervene, and/or correct these negative behaviors. Military members will

not be dissuaded from filing formal complaints of sexual harassment. (T-1)

4.15.2. Independent Investigators. Security forces (SF) is designated as the DAF independent

investigators for formal complaints of sexual harassment. (T-1) All formal complaints of

sexual harassment will be initially referred to SF for independent investigation pursuant to the

procedures in 10 USC § 1561. (T-0) Refer to paragraph 4.15.5.3.4.1 if a commander, in

consultation with the SJA, determines that the complaint meets the threshold of a criminal

allegation in violation of Article 134 (Sexual Harassment) of the UCMJ.

4.15.3. Formal Complaint Reporting Avenues. The preferred DAF mechanism for filing a

formal complaint for sexual harassment is through the installation EO office. Military members

are encouraged to file a formal complaint with their installation EO office, but may report a

formal complaint of sexual harassment directly to a commander or SF. (T-0) Regardless of

reporting avenue used, military members are encouraged to promptly file formal complaints

as earliest as possible to help ensure better and timely access to witnesses, bystanders, and

other pertinent information regarding the incident. (T-1)

4.15.4. Preserving Restricted (Confidential) Reporting Option for Sexual Harassment.

4.15.4.1. Installation EO directors and EO practitioners will implement procedures

outlined in paragraphs 4.18.10 through 4.18.10.3 and throughout this publication when

engaging military members seeking assistance from the installation EO office to prevent

the military member from unintentionally disclosing information about sexual harassment

to preserve their ability to file a restricted report with the SAPR office. (T-1)

4.15.4.2. When commanders or SF are made aware of potential sexual harassment, they

will not inquire for additional details to preserve that military member’s ability to file a

restricted (confidential) report with the SAPR office. (T-0)

DAFI36-2710 23 MAY 2024 135

4.15.4.2.1. Commanders and SF will instead advise the military member of their

eligibility to receive victim advocacy services for sexual harassment through the SAPR

office and that they can facilitate an in-person, virtual, or telephonic referral to SAPR

prior to the military member further disclosing a sexual harassment allegation. (T-0)

4.15.4.2.2. Commanders and SF will also advise the military member that sexual

harassment victim advocacy services through the SAPR office do not replace the MEO

informal and formal complaint processes and that they can facilitate an in-person,

virtual, or telephonic referral to the EO office for additional information. (T-0)

4.15.4.2.3. Commanders and SF will advise the military member that formal

complaints of sexual harassment are investigated by SF pursuant to the procedures in

10 USC § 1561. (T-0)

4.15.5. Formal Complaint Reporting Procedures.

4.15.5.1. Formal Complaint of Sexual Harassment Initiated Directly with the EO Office.

If a military member elects to file a formal complaint of sexual harassment with the

installation EO office, installation EO directors and EO practitioners will advise the

military member that they must refer that formal complaint to SF for independent

investigation pursuant to the procedures in 10 USC § 1561. (T-0) Installation EO directors

and EO practitioners will refer the formal complaint to SF and facilitate an in-person,

virtual, or telephonic referral/warm hand-off between the military complainant and SF.

(T-0) Installation EO directors and EO practitioners will not conduct clarifications. (T-0)

4.15.5.1.1. When a formal complaint of sexual harassment is initiated with the

installation EO office, installation EO directors and EO practitioners will ensure the

MEO Complaint Intake template and DAF Form 1587 are completed, signed, and

documented in the AF EONet. (T-1) Installation EO directors and EO practitioners will

document the formal complaint in the AF EONet as a DAF Form 1587 referral

complaint. (T-1) Installation EO directors and EO practitioners will not request any

specific allegation information for the MEO Complaint Intake template or DAF Form

1587. (T-1) SF, in consultation with the SJA, will frame the complaint allegations once

installation EO directors and EO practitioners refer the formal complaint to SF. (T-1)

4.15.5.1.2. Installation EO directors and EO practitioners will notify military

complainant’s commander and the alleged offender’s commander of the formal

complaint within 24 hours of receipt of the formal complaint. (T-0)

4.15.5.1.2.1. Installation EO directors and EO practitioners will inform the alleged

offender’s commander of the requirement for them to provide the GCMCA,

through the installation commander, an initial notification of the formal complaint

within 72 hours of receipt of the complaint. (T-0) The commander will courtesy

copy the installation EO office, SF, and SJA on all GCMCA notifications. (T-1)

4.15.5.1.2.2. Installation EO directors and EO practitioners will inform the alleged

offender’s commander of the requirement to make every effort to protect the

identity of the military complainant and that it is the alleged offender’s

commander’s responsibility to inform the alleged offender that they are the subject

of a formal complaint. (T-0) The alleged offender’s commander may delay this

notification to the alleged offender(s) for the protection and safety of any

136 DAFI36-2710 23 MAY 2024

complainant(s), and/or to ensure access to potential witnesses or evidence is not

impacted by the notification to the alleged offender. (T-1)

4.15.5.1.2.3. Installation EO directors and EO practitioners will inform the military

complainant’s commander to advise the military complainant of the

commencement of the investigation within 72 hours of receipt of the complaint.

(T-0)

4.15.5.1.2.4. Installation EO directors and EO practitioners will courtesy copy SJA

and SF on command notifications for complaint tracking purposes. (T-1)

4.15.5.1.3. Installation EO directors and EO practitioners will refer the formal

complaint to SF within 72 hours of receiving the formal complaint in order for SF to

initiate the independent investigation. (T-0) This includes providing a signed copy of

the DAF Form 1587 to SF at the time of referral. (T-1) The copy of a signed DAF Form

1587 to SF will include at minimum the following information:

4.15.5.1.3.1. Complainant Information Section - (name, grade, sex, ethnicity, race,

service, unit/office symbol, air force specialty code (AFSC), contact phone, email,

DoD ID, commander name/grade/unit/contact phone/email). (T-1)

4.15.5.1.3.2. Alleged Offender Information Section - (name, grade, sex, ethnicity,

race, service, unit/office symbol, AFSC, contact phone, email, DoD ID,

commander name/grade/unit/contact phone/email). (T-1)

4.15.5.1.3.3. Discriminatory Harassment/Harassment Type Section – select sexual

harassment. (T-1)

4.15.5.1.3.4. Communication Type Selection – select at minimum one category

under Row A (e.g., verbal, nonverbal, physical, psychological) and Row B (written,

in person, social media, e-communications, other forms of communication). (T-1)

4.15.5.1.3.5. Associated Behaviors Section – select associated behaviors of the

sexual harassment allegation(s) (e.g., offensive jokes, offensive objects/imagery,

intimidating acts, derogatory/provoking remarks, coercion, other). (T-1)

4.15.5.1.3.6. Specific Allegations Section – Document the following language

“EO has received a formal complaint of sexual harassment and is referring it to SF

for an independent investigation pursuant to the procedures in 10 USC § 1561. SF

will provide the installation EO office with additional information and updates as

the investigation progresses and concludes to include providing the specific

allegations of sexual harassment investigated.” (T-1) SF, in consultation with the

SJA, will frame the complaint allegations. (T-1)

4.15.5.1.3.7. AF EONet case file number. (T-1)

4.15.5.1.3.8. Whether the EO office facilitated an in-person, virtual, telephonic

referral between the military complainant and SAPR office for victim advocacy.

4.15.5.1.4. Installation EO directors and EO practitioners will enter the date of the

referral and copy of the DAF Form 1587 was provided to SF in the AF EONet. (T-1)

4.15.5.1.5. Installation EO directors and EO practitioners will ensure all updates, to

include GCMCA notifications, command disposition, and command actions taken,

DAFI36-2710 23 MAY 2024 137

provided by SF, commanders, SJA, and other relevant individuals or offices (e.g.,

AFOSI) are entered into the AF EONet for complaint tracking purposes within three

duty days after receipt. (T-1)

4.15.5.1.6. Installation EO directors and EO practitioners will ask the following to the

military complainant and document the response on the DAF Form 1587 (T-1):

4.15.5.1.6.1. Whether the military complainant was informed by the EO office

about victim advocacy services provided by the SAPR office for sexual harassment.

4.15.5.1.6.2. Whether the EO office provided the military complainant written or

electronic copy of the SAPR office information.

4.15.5.1.6.3. Whether the military complainant accepted or declined an installation

EO office facilitated in-person, virtual, telephonic non-EO contact referral to the

SAPR office.

4.15.5.1.6.4. If a non-EO contact referral to SAPR office was conducted, how it

was conducted (in-person, virtual, telephonic), the SARC or SAPR VA name who

received the non-EO contact referral, and the date the non-EO contact referral was

conducted.

4.15.5.1.7. For operational guidance and additional resources, installation EO directors

and EO practitioners should refer to the AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your

respective MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

4.15.5.2. Formal Complaint of Sexual Harassment Initiated Directly with a Commander

Pursuant to the Procedures in 10 USC § 1561. If a military member directly reports a

formal complaint of sexual harassment with a commander, the commander will advise the

military complainant that they must refer the formal complaint to SF for independent

investigation. (T-0) The commander will refer the formal complaint to SF within 72 hours

of receiving the formal complaint in order for SF to initiate the independent investigation

and advise the military complainant of the commencement of the investigation. (T-0) SF

will work with the military member to complete and sign DAF Form 1587 to initiate the

formal complaint independent investigation. (T-1) The commander will immediately

notify the installation EO office, SJA, and alleged offender’s commander of the referral to

SF for investigation for complaint tracking purposes. (T-1)

4.15.5.2.1. Pursuant to the procedures in 10 USC § 1561, the alleged offender’s

commander, through the installation commander, will ensure all GCMCA notifications

are completed. (T-0) This includes providing the GCMCA an initial notification of the

formal complaint within 72 hours of receipt of the complaint. (T-0) The commander

will courtesy copy the installation EO office, SF, and SJA on all GCMCA notifications.

(T-1)

4.15.5.2.2. The alleged offender’s commander will notify the alleged offender that

they are the subject of a formal complaint and that an independent investigation will

occur. (T-0) The alleged offender’s commander may delay this notification to the

alleged offender(s) for the protection and safety of any complainant(s) and/or to ensure

access to potential witnesses or evidence is not impacted by the notification to the

138 DAFI36-2710 23 MAY 2024

alleged offender. The alleged offender’s commander will make every effort to protect

the identity of the military complainant. (T-1)

4.15.5.2.3. The military complainant’s commander will advise the military

complainant of the commencement of the investigation within 72 hours of receipt of

the complaint. (T-0)

4.15.5.2.4. When SF receives the formal complaint referral from the commander, SF

will implement reporting procedures outlined in paragraphs 4.15.5.3 through

4.15.5.3.4.1 and investigative procedures outlined in DAFMAN 31-103 Volume 2,

Investigations Program. (T-1)

4.15.5.3. Formal Complaint of Sexual Harassment Pursuant to the Procedures in 10 USC

§ 1561 Initiated Directly with Security Forces. If a military member directly reports a

formal complaint of sexual harassment to SF, SF will initiate an independent investigation

pursuant to the procedures in 10 USC § 1561. (T-0) SF will work with the military member

to complete and sign DAF Form 1587 to initiate the formal complaint independent

investigation. (T-1) SF will immediately notify the military complainant’s commander and

the alleged offender’s commander of the formal complaint in order for the alleged

offender’s commander to provide the GCMCA an initial notification of the formal

complaint within 72 hours of receipt of the complaint. (T-0) The military complainant’s

commander will also advise the military complainant of the commencement of the

investigation within 72 hours of receipt of the complaint. (T-0) SF will courtesy copy the

SJA and installation EO office on command notifications for complaint tracking purposes.

(T-1)

4.15.5.3.1. SF will provide to the EO office the minimum following information on

the DAF Form 1587 when the formal complaint is initiated to enter into the AF EONet:

4.15.5.3.1.1. Complainant Information Section - (name, grade, sex, ethnicity, race,

service, unit/office symbol, AFSC, contact phone, email, DoD ID, commander

name/grade/unit/contact phone/email). (T-1)

4.15.5.3.1.2. Alleged Offender Information Section - (name, grade, sex, ethnicity,

race, service, unit/office symbol, AFSC, contact phone, email, DoD ID,

commander name/grade/unit/contact phone/email). (T-1)

4.15.5.3.1.3. Discriminatory Harassment/Harassment Type Section – select sexual

harassment. (T-1)

4.15.5.3.1.4. Communication Type Selection – select at minimum one category

under Row A (e.g., verbal, nonverbal, physical, psychological) and Row B (written,

in person, social media, e-communications, other forms of communication). (T-1)

4.15.5.3.1.5. Associated Behaviors Section – select associated behaviors of the

sexual harassment allegation(s) (e.g., offensive jokes, offensive objects/imagery,

intimidating acts, derogatory/provoking remarks, coercion, other). (T-1)

4.15.5.3.1.6. Specific Allegations Section – SF will document the following

language “SF has received a formal complaint of sexual harassment and has

initiated an independent investigation pursuant to the procedures in 10 USC § 1561.

SF will provide the installation EO office with additional information and updates

DAFI36-2710 23 MAY 2024 139

as the investigation progresses and concludes to include providing the specific

allegations of sexual harassment investigated.” (T-1) SF, in consultation with the

SJA, will frame the complaint allegations. (T-1)

4.15.5.3.1.7. SF investigation case file number and name of the independent

investigator as a reference. (T-1)

4.15.5.3.1.8. Whether SF facilitated an in-person, virtual, telephonic referral

between the military complainant and SAPR office for victim advocacy.

4.15.5.3.1.9. Name and contact information of the independent investigator(s).

4.15.5.3.2. When an installation EO offices receives a copy of the signed DAF 1587

from SF, installation EO directors and EO practitioners will enter the information into

the AF EONet as a DAF Form 1587 referral complaint within three duty days of receipt

and will provide SF with the case file number. (T-1) Installation EO directors and EO

practitioners will ensure all updates, to include GCMCA notifications, command

disposition, and command actions taken, provided by SF, commanders, SJA, and other

relevant individuals or offices (e.g., AFOSI) are entered into the AF EONet for

complaint tracking purposes within three duty days after receipt. (T-1)

4.15.5.3.3. SF, commanders, SJA, and other relevant individuals or offices (e.g.,

AFOSI) will provide installation EO offices timely updates on the progression and

conclusion of the independent investigation for entry into the AF EONet for tracking

purposes to meet statutory sexual harassment reporting requirements. (T-1)

4.15.5.3.4. SF will implement investigative procedures outlined in DAFMAN 31-103

Volume 2. (T-1)

4.15.5.3.4.1. At any time, a commanding officer may, in consultation with the

serving SJA, determine that the complaint meets the threshold of a criminal

allegation in violation of Article 134, UCMJ (Sexual Harassment) has occurred,

necessitating referral to AFOSI for investigation. (T-1) However, in accordance

with DoDI 5505.03, AFOSI, in consultation with the servicing SJA, may determine

the complaint does not warrant a criminal investigation, and in those instances the

complaint will be referred to SF for an independent investigation. (T-0)

4.15.5.4. Conversion of a Sexual Harassment Restricted (Confidential) Report to

Unrestricted Report. When a military member requests to convert a sexual harassment

restricted (confidential) report to an unrestricted report, the SARC and SAPR VA will

notify and conduct an in-person, virtual, or telephonic referral with the installation EO

office and the military member’s commander as outlined in DAFI 90-6001. (T-1)

4.15.5.4.1. If the military member elects a formal complaint of sexual harassment with

the EO office after converting to an unrestricted report, installation EO directors and

EO practitioners will advise the military member that they must refer that formal

complaint to SF for independent investigation. (T-0) Installation EO directors and EO

practitioners will refer the formal complaint to SF and facilitate an in-person, virtual,

or telephonic referral/warm hand-off between the military complainant and SF. (T-0)

4.15.5.4.1.1. Installation EO directors and EO practitioners will implement

procedures outlined in paragraphs 4.19.2 through 4.19.2.5 and in accordance with

140  DAFI36-2710  23 MAY 2024 
this  publication  concerning  sexual  harassment  referrals  from  the  SAPR  office. 
(T-1) 
4.15.5.4.1.2.  Installation  EO  directors  and  EO  practitioners  will  implement 
procedures outlined in paragraph 4.15.5.1 through 4.15.5.1.7. 
4.15.5.4.2.  If  a  military  member  directly  reports  a  formal  complaint  of  sexual 
harassment with a commander after converting to an unrestricted report, commanders 
will follow procedures outlined in paragraphs 4.15.5.2 through 4.15.5.2.4. 
4.15.5.4.3.  If  a  military  member  directly  reports  a  formal  complaint  of  sexual 
harassment to SF after converting to an unrestricted report, SF will follow procedures 
outlined in paragraphs 4.15.5.3 through 4.15.5.3.4. 
4.15.6.  Commencement  of  Investigation.  The  alleged  offender’s  commander,  through  the 
installation commander, to the extent practicable, will ensure that within 72 hours after receipt 
of the formal complaint, the GCMCA is provided an initial notification that includes a detailed 
description of the sexual harassment allegations that includes at minimum (a) the identities of 
the military complainant or alleged offender, (b) names of the SF investigators conducting the 
investigation, and (c) if available, the projected or final completion date of the investigation. 
(T-0) The alleged offender’s commander will courtesy copy the installation EO office, SF, and 
SJA on the initial notification to the GCMCA for complaint tracking purposes. (T-1) 
4.15.6.1.  The  military  complainant’s  commander,  to  the  extent  practicable,  will  notify 
military  complainant  of  the  commencement  of  the  investigation  within 72  hours after 
receipt of the formal complaint. (T-0) This includes providing the military complainant 
information about the investigation process, victim support resources available (i.e., SAPR 
victim advocacy support for sexual harassment), and any appeal rights. (T-0) The military 
complainant’s commander will notify the installation EO office, SJA, and SF that this was 
completed for complaint tracking purposes. (T-1)   
4.15.6.2.  The alleged offender’s commander will notify the alleged offenders in their unit 
that they are the subject of a formal complaint. (T-0) The alleged offender’s commander 
may delay this notification to the alleged offender for the protection and safety of any 
complainant(s) and/or ensure access to potential witnesses or evidence is not impacted by 
the notification to the alleged offender. (T-1) 
4.15.6.2.1.  The alleged offender’s commander will advise the alleged offender not to 
discuss the case with others during the formal complaint process and caution the alleged 
offender to refrain from any form of reprisal or retaliation. (T-1)  
4.15.6.2.2.  The alleged offender’s commander will notify the installation EO office, 
SJA, and SF that these notifications were completed for complaint tracking purposes. 
(T-1) 
4.15.6.3.  The military complainant’s commander will conduct frequent follow ups with 
military  complainants  during  the  formal  complaint  process  to  provide  them  progress 
updates and conduct wellness checks. (T-1) This includes providing military complainants 
with information about available on- and off- installation support resources and facilitate 
warm  hand-offs/referrals  as  requested  or  warranted.  (T-0)  The  military  complainant’s 

DAFI36-2710 23 MAY 2024 141

commander will notify the installation EO office that these notifications were completed

for complaint tracking purposes. (T-1)

4.15.6.4. The alleged offender’s commander will conduct frequent follow ups with the

alleged offenders during the formal complaint process to conduct wellness checks. (T-1)

This includes providing alleged offenders with information about available on- and off-

installation support resources and facilitate warm hand-offs/referrals as requested or

warranted. (T-0) The alleged offender’s commander will notify the installation EO office

that these notifications were completed for complaint tracking purposes. (T-1)

4.15.7. Investigation Timelines. SF, to the extent practicable, will ensure that independent

investigations for formal complaints of sexual harassment are completed no later than 14

calendar days after the date on which the investigation is initiated pursuant to the procedures

in 10 USC § 1561. (T-0)

4.15.7.1. If the investigation is not completed within the 14 calendar days, SF will notify

the alleged offender’s commander who will then, through the installation commander,

notify the GCMCA on the progress made in completing the investigation within 20

calendar days after the investigation was initiated and every 14 calendar days thereafter

until the investigation is completed. (T-0) The alleged offender’s commander will courtesy

copy the installation EO office, SF, and SJA on all GCMCA notifications for complaint

tracking purposes. (T-1)

4.15.7.2. SF will provide the alleged offender’s commander a progress updates every 12

calendar days to support updates to the GCMCA until the investigation is completed. (T-1)

SF will courtesy copy the installation EO office and SJA for complaint tracking purposes.

(T-1)

4.15.8. Report of Investigation and Legal Sufficiency Reviews. Upon completing an

investigation, SF will submit a report of investigation (ROI) to the servicing SJA for a legal

sufficiency review prior to submitting the ROI to the alleged offender’s commander and first

O-6 or in cases where the accused military member or DAF civilian employee does not have

an O-6 in the chain of command, then the first civilian equivalent, in the alleged offender’s

chain of command. (T-0) SF and SJA will notify the installation EO office that a ROI was

issued and that a legal sufficiency review was conducted for complaint tracking purposes.

(T-1)

4.15.9. Command Disposition. The first O-6, or in cases where the accused military member

or DAF civilian employee does not have an O-6 in the chain of command, then the first civilian

equivalent in the alleged offender’s chain of command, in consultation with the SJA, will make

a substantiation determination (i.e., substantiated or not substantiated). The first O-6, or in

cases where the accused military member or DAF civilian employee does not have an O-6 in

the chain of command, then the first civilian equivalent in the alleged offender’s chain of

command will notify the EO office and SJA of the command substantiation determination (i.e.,

substantiated or not substantiated). The alleged offender’s immediate commander, or the

commander making the disposition determination, will notify the EO office of any corrective,

administrative, and/or disciplinary actions taken for complaint tracking purposes, with the first

O-6, or in cases where the accused military member or DAF civilian employee does not have

an O-6 in the chain of command, then the first civilian equivalent in the alleged offender’s

142  DAFI36-2710  23 MAY 2024 
chain of command courtesy copied. (T-1) For DAF civilian employee alleged offenders, refer 
to paragraphs 3.14.2.10.2 through 3.14.2.10.4 for additional guidance. 
4.15.9.1.  To  the  extent  practicable,  the  first  O-6  in  the  alleged  offender’s  chain  of 
command,  through  the  installation  commander,  will  submit  a  final  GCMCA 
report/notification  on  the  results  and  any  actions  taken  as  a  result  of  the  independent 
investigation to the GCMCA within 20 calendar days after the investigation was initiated. 
(T-0) The first O-6 in  the alleged offender’s chain  of command will courtesy copy  the 
installation EO office, SF, and SJA on all GCMCA notifications for complaint tracking 
purposes. (T-1) 
4.15.9.2.  The  final  GCMCA  report/notification  will  only  include  the  results  and  any 
actions  taken  as  a  result  of  the  independent  investigation.  (T-0)  The  identities  of  the 
military complainant and the offenders are included in GCMCA final report/notification 
for substantiated cases. (T-1) Corrective, administrative, and/or disciplinary actions will 
be included in the GCMCA final report/notification for substantiated cases. (T-1) The final 
GCMCA report/notification will not include the full ROI. (T-1) 
4.15.9.3.  The  military  complainant’s  commander  or  the  alleged  offender’s  commander 
will  notify  the  military  complainant whether  the allegations  were  substantiated  or not 
substantiated  at  the  conclusion  of  the  independent  investigation.  (T-0)  The  alleged 
offender’s commander will notify the installation EO office that these notifications were 
completed for complaint tracking purposes. (T-1)   
4.15.9.4.  The alleged offender’s commander will notify the alleged offender of the results 
of the  substantiation  determination (i.e., substantiated or not  substantiated).  (T-0) The 
alleged offender’s commander may delay this notification to the alleged offender(s) for the 
protection and safety of any complainant(s). (T-1) The alleged offender’s commander will 
notify the installation EO office that these notifications were completed for complaint 
tracking purposes. (T-1) For DAF civilian employee alleged offenders, refer to paragraphs 
3.14.2.10.2 through 3.14.2.10.4 for additional guidance. 
4.15.9.5.  The  alleged  offender’s  commander  will  take  appropriate  corrective, 
administrative, and/or disciplinary action when a complaint is substantiated. (T-0) The 
alleged offender’s commander will provide the installation EO office with a description of 
any corrective, administrative, and/or disciplinary actions taken against offenders for both 
substantiated and not substantiated formal complaints to ensure pertinent information is 
documented into the AF EONet. (T-1) For DAF civilian employee alleged offenders, refer 
to paragraphs 3.14.2.10.2 through 3.14.2.10.4 for additional guidance. 
4.15.10.  Appeals.  An  administrative  finding  concerning  a  formal  complaint  of  sexual 
harassment pursuant to the procedures in 10 USC § 1561 may be appealed by the military 
complainant or military offender within 30 calendar days (2 RSDs for AFRC) of receiving 
notice of formal complaint substantiation determinations. (T-0) The formal MEO complaint 
appeals  process  is  not  applicable  to  command  action  rendered  under  the  UCMJ  or  any 
administrative  process  as  a  result  of  a  formal  complaint  of  sexual  harassment.  When  a 
commander initiates, or has previously initiated, action under the UCMJ or any administrative 
process is taken as a result of a substantiated complaint, that action takes precedence over any 
ongoing  contemplated  formal  MEO  complaint  appeal.  (T-1)  In  such  circumstances,  the 
applicable UCMJ or administrative appeal processes are the exclusive method of redress. (T-1) 

DAFI36-2710 23 MAY 2024 143

4.15.10.1. Military complainants who filed a formal complaint of sexual harassment

pursuant to the procedures in 10 USC § 1561 may appeal a not substantiated determination.

Military offenders may appeal substantiated determinations as a result of an independent

investigation. Military complainants and military offenders will file their appeal through

the installation EO office that processed the formal complaint of sexual harassment. (T-1)

For guidance on DAF civilian employee complainant appeals concerning substantiation

determinations as a result of an independent investigation, refer to paragraph 3.14.2.12.2.

4.15.10.2. For alleged civilian offenders where an allegation of sexual harassment is

substantiated in an independent investigation pursuant to the procedures in 10 USC § 1561

and disciplinary actions are implemented against the alleged civilian offender following

the procedures set out in 5 CFR Part § 752, they may have appeal rights pursuant to 5 USC

§ 7701 and 5 CFR § 752.405 for any actions that are appealable to the MSPB. (T-0) An

alleged civilian offender, who is a bargaining unit employee and covered by a negotiated

grievance procedure under a recognized collective bargaining agreement, may contact their

bargaining unit and elect to file a grievance. (T-0) If a matter is covered by 5 CFR §

752.405 and appealable to the MSPB and the negotiated grievance procedure pursuant to

a collective bargaining agreement, the alleged civilian offender may elect to file under

either, however they cannot file under both. (T-0)

4.15.10.3. Installation EO directors and EO practitioners, in consultation with SJA, will

ensure appeals procedures, processes, and timelines outlined in paragraphs 4.14.15.2

through 4.14.15.4.8 are implemented where applicable.

4.15.10.4. Installation EO directors and EO practitioners will coordinate with SJA and SF

as the independent investigator in gathering pertinent case file documents (e.g., ROI from

SF) to submit with the appellant’s written requests and supporting documentation, where

applicable and appropriate. However, if any appeal authority remands the matter for further

clarification, installation EO directors and EO practitioners will refer the matter to SF to

provide updated case information with the SJA courtesy copied. SF, in consultation with

SJA, will provide any updated case information to the appeal authority through the

installation EO office. (T-1)

4.15.10.5. Installation EO directors and EO practitioners will document the formal

complaint appeals determinations on DAF Form 1587 in the AF EONet. (T-1) Installation

EO directors and EO practitioners will maintain a copy of the appeals determinations in

the appropriate case file. (T-1) Installation EO directors and EO practitioners will ensure

the appropriate commanders, SJA, and SF are provided updates on the appeals process and

determinations. (T-1)

4.15.11. Case Closure. A formal complaint of sexual harassment is considered closed when

the military complainant signs the updated DAF Form 1587 after they have been outbriefed by

their commander on the complaint determination, the alleged offender’s commander has

provided the installation EO director or EO practitioner with actions taken, and the installation

EO director has reviewed and signed the DAF Form 1587. (T-1) The military complainant’s

commander will receive the most updated DAF Form 1587 from the EO office in order to have

the military complainant sign to acknowledge case closure on the DAF 1587. (T-1) The

military complainant’s commander will provide the EO office the signed DAF Form 1587 for

complaint tracking purposes and entry into the AF EONet. (T-1) The installation EO director

144  DAFI36-2710  23 MAY 2024 
will review the and sign the DAF Form 1587 to close out the complaint only after they have 
received from the military complainant’s commander the military complainant’s signed DAF 
Form 1587 and received from the alleged offender’s commander the corrective actions taken. 
(T-1) Refer to paragraph 3.14.2.10.8 concerning alleged civilian due process and privacy 
pursuant to 5 CFR Part 752 and the Privacy Act. 
4.15.12.  Where applicable, follow procedures for processing sexual harassment complaints, 
including anonymous complaints, occurring in confinement facilities and involving military 
inmates, in accordance with Section 15601 of Title 42, USC, also known as the “Prison Rape 
Elimination Act of 2003” (Public Law 108-79). 
4.16.  Anonymous Complaints.  Through anonymous complaints, military members can report 
allegations of prohibited discrimination, discriminatory harassment (including sexual harassment), 
and other forms of harassment (bullying and hazing) without disclosing any of their personally 
identifiable information (PII). (T-0) Military members who visit the installation EO office cannot 
choose to remain anonymous. (T-1)  
4.16.1.  Installation EO directors and EO practitioners will initiate the clarification process for 
all anonymous complaints alleging of prohibited discrimination, discriminatory harassment 
(excluding sexual harassment), and other forms of harassment (bullying and hazing) that have 
sufficient information (e.g., alleged offender(s) name, personnel involved, date(s)  incident 
occurred, unit of assignment, detailed allegations, etc.). (T-0)  
4.16.1.1.  Commanders  will  ensure  any  and  all  anonymous  complaints  with  sufficient 
information (e.g., alleged offender(s) name, personnel involved, date(s) incident occurred, 
unit  of  assignment,  detailed  allegations,  etc.)  involving  allegations  of  prohibited 
discrimination, discriminatory harassment (excluding sexual harassment), and other forms 
of harassment (bullying and hazing) that are reported to the chain of command are referred 
to the installation EO office to initiate the clarification process. (T-1) 
4.16.2.  Installation EO directors and EO practitioners will initiate the clarification process 
using formal complaint clarification procedures outlined in paragraphs 4.14.3 through 4.14.4.1 
and 4.14.6 through 4.14.12.3 where applicable for anonymous complaints (excluding sexual 
harassment) with sufficient information. (T-0)  
4.16.2.1.  Installation EO directors and EO practitioners will ensure sufficient information 
(e.g.,  alleged  offender(s)  name,  personnel  involved,  date(s)  incident  occurred,  unit  of 
assignment, detailed allegations, etc.) is provided and that the anonymous source is reliable 
before initiating the clarification process (excluding sexual harassment). (T-1) Installation 
EO directors and EO practitioners will document anonymous complaints with sufficient 
information on DAF Form 1587, to include documenting where or how (e.g., via hotline 
referral, etc.) the installation EO office received the anonymous complaint. (T-1)  
4.16.2.2.  If the anonymous complaint identifies an affected person(s) (i.e., person believed 
to have experienced the allegation(s) being reported), the affected person(s) will not be 
compelled or directed to participate in the clarification process. (T-1) The installation EO 
director and EO practitioner will provide information about the availability of the MEO 
complaint  process  to  affected  military  members  and  the  EEO  complaint  process  and 
timelines to affected civilian employees. (T-1) 

DAFI36-2710 23 MAY 2024 145

4.16.2.3. Regardless of whether an affected person(s) is identified in the anonymous

complaint, installation EO directors and EO practitioners will not notify the affected

person(s) of the substantiation determination and any actions taken. (T-1)

4.16.2.4. The alleged offender’s commander will notify the alleged offender of an

anonymous complaint against them and will provide information about the anonymous

complaint process, inform the alleged offender that the installation EO office will be

conducting the anonymous complaint clarification (excluding sexual harassment), and

provide the contact information for the installation EO director and EO practitioner that

will be conducting the complaint clarification. (T-1) Commanders may delay this

notification to the alleged offender(s) for the protection and safety of any affected person(s)

(i.e., person believed to have experienced the allegation(s) being reported) if known, and/or

to ensure access to potential witnesses or evidence is not impacted by the notification to

the alleged offender. (T-1) The alleged offender’s commander will make every effort to

protect the identity of the affected person(s) if known. (T-1) For additional alleged

offender’s commander’s responsibilities and procedures, refer to paragraphs 4.14.5

through 4.14.5.9 and throughout this chapter as applicable.

4.16.2.5. An anonymous complaint resulting in a clarification process by the installation

EO office is considered closed when the alleged offender’s commander has provided the

installation EO director or EO practitioner with any actions taken based on a substantiation

determination and the installation EO director has reviewed and signed the DAF Form

1587. (T-1)

4.16.3. Anonymous complaints of sexual harassment with sufficient information (e.g., alleged

offender(s) name, personnel involved, date(s) incident occurred, unit of assignment, detailed

allegations, etc.) will be processed as formal complaints and will follow the procedures

outlined in paragraph 4.15, including referral to SF for independent investigation pursuant to

the procedures in 10 USC § 1561. (T-0) Anonymous complaints of sexual harassment will be

documented on DAF Form 1587, to include documenting where or how (e.g., via hotline

referral, SAPR, etc.) the installation EO office received the anonymous complaint. (T-1)

4.16.3.1. If Installation EO directors and EO practitioners receive an anonymous

complaint from the SAPR office on behalf of a military member sexual harassment victims

with a restricted (confidential) report, installation EO directors and EO practitioners will

not inquire about the identity of the victim nor ask the SARC or SAPR VA for additional

information regarding the anonymous allegation. (T-1) The SARC and SAPR VA will only

provide the allegation details provided to them by the victim without PII. (T-1)

4.16.3.2. Regardless of whether an affected person(s) is identified in the anonymous

complaint of sexual harassment, the affected person(s) will not be notified of the

substantiation determination and any actions taken. (T-1)

4.16.4. For anonymous complaints (including sexual harassment) with insufficient

information on the allegations, installation EO directors and EO practitioners will document

the information on DAF Form 1271 as a EO general assist/contact, to include noting that

insufficient information was provided to process the complaint. (T-1)

4.16.5. For anonymous complaints where allegations are outside the DAF EO Program

purview, installation EO directors and EO practitioners will document the information on DAF

146 DAFI36-2710 23 MAY 2024

Form 1271 non-EO assistance. (T-1) If sufficient information is provided in the anonymous

complaint to determine the best helping agency to handle the matter, installation EO directors

and EO practitioners will refer the matter to the appropriate helping agency and document the

referral on the DAF 1271 as a non-EO assistance. (T-1)

4.16.6. There are no appeal rights for military members reporting anonymous complaints.

(T-1) However, this does not preclude military members from electing to file an informal or

formal MEO complaint with the installation EO office. (T-1) Military offenders with a

substantiated determination against them as a result of an installation EO office clarification

of an anonymous complaint may appeal those substantiated determinations. However, the

formal MEO complaint appeals process is not applicable to command action rendered under

the UCMJ or any administrative process as a result of a substantiated complaint. (T-0). For

alleged civilian offenders where an allegation is substantiated in an anonymous complaint and

disciplinary actions are implemented against the alleged civilian offender following the

procedures set out in 5 CFR Part § 752, refer to paragraph 4.14.15.1.5 for additional guidance.

4.17. MEO Complaint Use of Alternative Dispute Resolution (Facilitation Only). While EO

practitioners use facilitation skills in the routine processing and resolution of MEO complaints,

they may also offer facilitation as a method of ADR for use in informal and formal MEO

complaints. (T-1) Facilitation, a process guided by a third party neutral, encourages effective

communication between the involved parties and helps them move toward collaboration and

consensus. For informal complaints filed directly with an installation EO office, military

complainants may use facilitation to mutually resolve disputes without chain of command

involvement. (T-1) For formal complaints (except sexual harassment), military complainants may

use facilitation to resolve concerns at any stage of the complaint process prior to completion of the

clarification report. (T-1)

4.17.1. Suitability for Alternative Dispute Resolution. Prior to approving facilitation, the

installation EO director (or designee) will consult with the installation SJA office to determine

suitability of the complaint for ADR. (T-1)

4.17.1.1. Facilitation is not authorized for use for formal complaints of sexual harassment

which must follow requirements set forth pursuant to the procedures in 10 USC § 1561.

(T-0) Facilitation is not appropriate if it has an adverse impact on morale, readiness, or the

mission; a determination is made that the complaint is reserved for command action (i.e.,

administrative or UCMJ); or there is a potential for violence in the workplace to occur.

(T-1)

4.17.1.2. If facilitation is determined as appropriate and the military complainant elects to

use facilitation, installation EO directors and EO practitioners will advise the military

complainant of the facilitation process and that agreements made between the military

complainant and the alleged offender are only enforced through the willful compliance of

both parties. (T-1)

4.17.1.3. Facilitation as a method of ADR for ANG members will be completed in

accordance with CNGBI 0402.01, National Guard Alternative Dispute Resolution. (T-1)

4.17.2. Coordination. Installation EO directors and EO practitioners will notify and advise the

appropriate commander of the military complainant’s desire to resolve the issue through

facilitation. (T-1)

DAFI36-2710 23 MAY 2024 147

4.17.2.1. Installation EO directors and EO practitioners will advise the respective

commander to notify the alleged offender of the military complainant’s desire to use

facilitation and ascertain whether the alleged offender is willing to participate. (T-1)

4.17.2.2. If the alleged offender agrees, installation EO directors and EO practitioners will

coordinate the facilitation. (T-1) Installation EO directors and EO practitioners will offer

the services of certified NDR practitioners trained in the use of facilitation to conduct

resolution efforts within 15 duty days of designation. (T-1) Certified NDR practitioners

are authorized to set the date, time, and location of the facilitation and determine the ground

rules for conducting the proceedings. (T-1)

4.17.2.3. If both the military complainant and the alleged offender agree to facilitation and

come to a mutual resolution, installation EO directors and EO practitioners will document

a resolution was reached on DAF Form 1587 or DAF Form 1587-1 and inform the

responsible commander(s) of the resolution. (T-1)

4.17.2.4. Installation EO directors and EO practitioners will advise the military

complainant and the alleged offender that commanders retain the right to make

administrative or corrective action at any time. (T-1)

4.17.2.5. Certified NDR practitioners will terminate the facilitation process if the military

complainant and the alleged offender reach an impasse and cannot resolve the issue to the

satisfaction of both parties. (T-1) If an informal complaint facilitation is unsuccessful,

installation EO directors and EO practitioners will inform the military complainant of their

right to file a formal complaint. (T-1) If a formal complaint facilitation is unsuccessful,

installation EO directors and EO practitioners will inform the military complainant that the

formal complaint clarification process will continue. (T-1)

4.17.2.6. The EO director and EO practitioner will inform the military complainant’s and

alleged offender’s chain of command if the facilitation was successful, unsuccessful, or

terminated within three duty days of its completion or termination. (T-1)

4.17.2.7. Certified NDR practitioners will not participate in the MEO informal or formal

complaint processes (e.g., clarifications) when they were a party to or acted as a facilitator

in the MEO complaint involving the respective military complainant and alleged offender.

(T-1)

4.17.3. Agreements. Certified NDR practitioners will prepare final agreements for signature

by the military complainant, alleged offender, and approving authority. (T-1)

4.17.3.1. NDR program managers will ensure the servicing legal office conducts legal

sufficiency reviews on all agreements. (T-1) Installation EO directors and EO practitioners

will attach a copy of the final facilitation agreement to DAF Form 1587 or DAF Form

1587-1 in the case file and upload to the AF EONet. (T-1)

4.17.3.2. In all MEO complaints that used facilitation, installation EO directors and EO

practitioners will follow up with the military complainant at least once within 30 duty days

after resolution to ensure reprisal and retaliation does not occur and that both parties adhere

to the agreement. (T-1) If the military complainant alleges reprisal, installation EO

directors and EO practitioners will conduct a non-EO contact referral to the IG office for

processing in accordance with DAFI 90-301. (T-0) If the military complainant alleges

148 DAFI36-2710 23 MAY 2024

retaliation, installation EO directors and EO practitioners will immediately conduct a non-

EO contact referral to the military member’s commander to take appropriate action in

accordance with AFI 36-2909. Refer to paragraph 4.18.11 for additional information and

procedures.

4.17.4. Breach of Mutual Resolution Agreements Reached Through Facilitation. If the

military complainant believes the facilitated agreement was breached, they must notify the

installation EO director within 30 duty days of becoming aware of the alleged breach. (T-1) If

installation EO directors and EO practitioners discover a potential breach in agreement,

installation EO directors will contact the respective commanders of the parties involved. (T-1)

4.17.4.1. Within 14 duty days, installation EO directors will attempt to resolve the matter

of concern and coordinate their determination with the installation SJA office for the

military complainant’s commander to make a determination. (T-1)

4.17.4.2. If the commander determines no breach has occurred, they will inform the

military complainant in writing of that determination. (T-1)

4.17.4.3. If the commander determines a breach has occurred, they will within five duty

days either resolve the breach or inform the military complainant in writing of their right

to file a formal complaint if the facilitation was part of the informal complaint. (T-1) If the

breach occurred in facilitation that was part of a formal complaint, the commander will

inform the military complainant in writing of their right to continue the formal complaint

clarification process through the installation EO office and their right to appeal a formal

complaint. (T-1)

4.18. Connect to Care Approach and Referral Types. The DAF EO Program is a helping

agency committed to providing robust and high-quality MEO assistance to military members and

is a stakeholder in fostering the DAF’s Connect to Care Approach to help ensure Airmen and

Guardians are provided and/or connected to comprehensive and appropriate support services.

While the DAF EO Program does not provide victim advocacy services and cannot take restricted

(confidential) reports for sexual harassment, installation EO directors and EO practitioners will

provide or receive various types of referrals and warm hand-offs to aide military members in

connecting with the most appropriate DAF helping agency to support their needs. (T-0) Refer to

DAFI 90-5001, Integrated Resilience, and DAFI 90-6001, Sexual Assault Prevention and

Response (SAPR) Program, for more information on the Connect to Care Approach.

4.18.1. Referral Complaint. A referral complaint involves allegations made to an installation

EO office that may fall under a MEO protected category but are not under the authority or

scope of the DAF EO Program. Such allegations will not be processed using the MEO

complaint processes and will be forwarded as a referral complaint to the most appropriate DAF

agency or organization to process. (T-1) Installation EO directors and EO practitioners will

inform the military member of the need to refer their allegations to the more appropriate DAF

agency or organization to assist them and that the installation. (T-1) Installation EO directors

and EO practitioners will inform the military member that the EO office can facilitate an in-

person, virtual, or telephonic referral/warm hand-off to the appropriate DAF agency or

organization with their consent. (T-0) Installation EO directors and EO practitioners will

document this as a referral complaint in the AF EONet on an DAF Form 1587 as a referral

complaint, to include identifying the basis for the referral, specific allegations, and that a

referral/warm hand-off was offered. (T-1)

DAFI36-2710 23 MAY 2024 149

4.18.1.1. When forwarding the referral complaint to another agency to process, the

installation EO director will provide the respective agency a signed referral complaint

memorandum, along with a copy of the DAF Form 1587 and sample template of a referral

complaint completion memorandum, that outlines the purpose of the referral complaint and

what is needed from the respective agency after they process the complaint. (T-1)

Installation EO directors will sign the complaint referral memorandum, and this will

delegate this responsible within the installation EO office. (T-1) Installation EO directors

will not forward referral complaints below the squadron/detachment commander or agency

head levels. (T-1)

4.18.1.2. Upon receipt of a referral complaint from the installation EO office, the

respective agencies will process the complaint in accordance with their policies and

procedures and will provide the installation EO office a written referral complaint

completion memorandum, along with a courtesy copy of any written response to the

military member, within 30 duty days of receiving the referral complaint from the

installation EO office. (T-1) This ensures the DAF EO Program is tracking and able to

report accurate information on such referral complaints as part of DoD and congressional

reporting requirements. The respective agencies will include the following minimal

information in the referral complaint completion memorandum notwithstanding any

statutory or above DAF policy restrictions or limitations on information sharing (T-1):

4.18.1.2.1. Scope and background of the complaint inquiry;

4.18.1.2.2. Findings of the complaint inquiry;

4.18.1.2.3. Recommendations and corrective actions taken against offender(s);

4.18.1.2.4. Date military complainant was provided and briefed on the findings.

4.18.1.3. Upon receipt of an agency’s referral complaint completion memorandum to the

installation EO office, installation EO directors and EO practitioners will document and

update information in the AF EONet and close the referral complaint. (T-1) If the military

complainant is not satisfied with the final disposition of the complaint processed by the

other agency, installation EO directors and EO practitioner will advise the complainant that

they may be able to use the grievance and/or complaint channels of the respective agency

to readdress the matter and document this advisement on DAF Form 1587. (T-1)

4.18.1.4. If an agency’s referral complaint completion memorandum is not provided

within the 30 duty days, installation EO directors will follow up with the agency every 14

duty days to receive a written response from the respective agency on the status on the

complaint until the agency provides the referral complaint completion memorandum. (T-1)

For the ARC, installation EO directors will follow up every one RSD. (T-1)

4.18.1.5. For operational guidance and additional resources (e.g., templates), refer to the

AFPC EO Operations SharePoint at

https://usaf.dps.mil/teams/14101/SitePages/Home.aspx and/or contact your respective

MAJCOM/FLDCOM EO functional manager or AFPC EO Operations.

4.18.2. Institutional Discrimination. During an intake with the installation EO office, when a

military member believes that DAF higher headquarters, MAJCOM/FLDCOM, and/or DAF

installation policies and/or procedures have discriminated against them based on their race,

150 DAFI36-2710 23 MAY 2024

color, national origin, religion, sex (including pregnancy), gender identity, or sexual

orientation, it is considered alleged institutional discrimination. Institutional discrimination

allegations are different from informal or formal MEO complaints alleging prohibited

discrimination committed by an individual(s) (i.e., alleged offenders). (T-1)

4.18.2.1. As part of an intake, installation EO directors and EO practitioners will explain

what constitutes an institutional discrimination case, how it differs from an informal or

formal MEO complaints, the institutional discrimination referral complaint process, and

that the institutional discrimination process does not replace nor will be used in place of

the DAF publication process as outlined in DAFMAN 90-161, Publishing Processes and

Procedures, to request or recommend changes to DAF policies and procedures not

associated with an allegation of prohibited discrimination covered in this publication. (T-1)

4.18.2.1.1. Installation EO directors and EO practitioners will also explain that nothing

precludes a military member from filing an MEO informal or formal complaint and

allegation of institutional discrimination as described in this publication. (T-1)

4.18.2.1.2. Installation EO directors and EO practitioners will ensure that military

members are made aware that the institutional discrimination process is only for

allegations against DAF higher headquarters, MAJCOM/FLDCOM, and/or DAF

installation policies and/or procedures and that any allegations against individuals (e.g.,

how individuals interpreted or implemented policies and procedures) are more

appropriately processed as an informal or formal MEO complaint. (T-1) Installation

EO directors and EO practitioners will not dissuade a military member from pursuing

the institutional discrimination process or filing an informal or formal MEO complaint.

(T-1)

4.18.2.1.3. Installation EO directors and EO practitioners will document institutional

discrimination allegations on DAF Form 1587 as a referral complaint. (T-1)

4.18.2.2. When a military member elects the institutional discrimination process,

installation EO directors will forward the allegation(s) within five duty days (1 RSD/UTA)

to the MAJCOM/FLDCOM EO functional manager for review and response. (T-1) For

awareness purposes only, the installation EO director will also inform the installation

commander or host wing/delta/garrison commander (or equivalent) that an institutional

discrimination case was forwarded to the MAJCOM/FLDCOM EO functional manager in

accordance with this publication. (T-1)

4.18.2.2.1. If it is determined that an allegation is against a DAF installation-level

policy or procedure where there is no conflict of interest to resolve at the installation-

level, the MAJCOM/FLDCOM EO functional manager may return the case to the

installation EO office to coordinate with the appropriate local agencies or directorates,

to include the installation SJA office or legal representative. (T-1) The appropriate local

agencies or directorates with policy or procedure oversight will review and provide a

written response to the allegations and submit it to the installation EO office within 60

duty days (2 RSDs/UTAs) of receipt of the allegations. (T-1) The installation EO office

will then provide the written response to the military member and forward the written

response to the MAJCOM/FLDCOM EO functional manager for awareness within

three duty days of receipt. (T-1) Installation EO directors and EO practitioners will

document and update information in the AF EONet and close the institutional

DAFI36-2710 23 MAY 2024 151

discrimination case. (T-1) If there is a conflict of interest (e.g., allegation against the

installation commander’s or host wing/delta/garrison commander’s policy or

procedure) to resolve at the installation level, the MAJCOM/FLDCOM EO functional

manager will follow paragraph 4.18.2.2.2 of this publication. (T-1)

4.18.2.2.2. For allegations against MAJCOM/FLDCOM policies or procedures or if a

conflict of interest is determined for an installation-level institutional discrimination

allegation, MAJCOM/FLDCOM EO functional mangers will review and coordinate

with the appropriate MAJCOM/FLDCOM agencies or directorates with policy or

procedure oversight, to include the MAJCOM/FLDCOM JA office or legal

representative. (T-1) The appropriate MAJCOM/FLDCOM agencies or directorates

will review and provide a written response to the allegations and submit it to the

MAJCOM/FLDCOM EO functional manager within 60 duty days (2 RSDs/UTAs) of

receipt of the allegations. (T-1) The MAJCOM/FLDCOM EO functional managers will

then send the installation EO director the written response to provide to the military

member within three duty days of receipt. (T-1) MAJCOM/FLDCOM EO functional

managers will also forward the written response to AFPC EO Operations and

SAF/MRQ for awareness within three duty days of receipt. (T-1) Installation EO

directors and EO practitioners will document and update information in the AF EONet

and close the institutional discrimination case. (T-1)

4.18.2.2.3. If it is determined that an allegation is against a MAJCOM/FLDCOM

policy or procedure or a DAF installation policy or procedure that involves

congressional inquiries or has high adverse media visibility, the installation EO director

through their respective MAJCOM/FLDCOM EO functional manager will forward

within 24 hours (1 RSD/UTA) of receipt of the allegations to SAF/MRQ through AFPC

EO Operations for awareness. (T-1)

4.18.2.2.4. For allegations against DAF headquarters-level policies or procedures, the

MAJCOM/FLDCOM EO functional manager will review the allegation(s) to ensure all

required documentation and/or information are provided before forwarding the

allegation(s) within five duty days (1 RSD/UTA) of receipt to AFPC EO Operations.

4.18.2.2.4.1. AFPC EO Operations will provide written acknowledgment to the

respective MAJCOM/FLDCOM EO functional manager within 48 hours of receipt

of the allegation(s). (T-1) MAJCOM/FLDCOM EO functional managers will

forward the written acknowledgement of AFPC EO Operations to the respective

installation EO director within 48 hours of receipt. (T-1) If AFPC EO Operations

has not provided a written acknowledgment to the respective MAJCOM/FLDCOM

EO functional manager within 48 hours after submission of the allegations, the

respective MAJCOM/FLDCOM EO functional manager will follow up with AFPC

EO Operations every five duty days to receive a status update from AFPC EO

Operations and forward the status to the respective installation EO Director. (T-1)

4.18.2.2.4.2. AFPC EO Operations will conduct a quality control review and

provide a complete package and recommendations within five duty days of receipt

to SAF/MRQ. (T-1) Incomplete packages will be returned to AFPC EO Operations

to address corrections with installation EO Directors through their respective

MAJCOM/FLDCOM EO functional managers. (T-1) AFPC EO Operations will

152 DAFI36-2710 23 MAY 2024

provide in writing within 48 hours to the respective MAJCOM/FLDCOM EO

functional manager the date when the package was submitted to and accepted by

SAF/MRQ. (T-1). If MAJCOM/FLDCOM EO functional managers have not

received from AFPC EO Operations a DAF headquarters agency or directorate

written response to the allegations within 60 duty days after submission to

SAF/MRQ, MAJCOM/FLDCOM EO functional managers will follow up every 15

duty days with AFPC EO Operations for a status update until a written response to

the allegations is provided. (T-1) MAJCOM/FLDCOM EO functional manager will

forward the status updates to the respective installation EO director within 48 hours

of receipt. (T-1)

4.18.2.2.4.3. SAF/MRQ will review and coordinate with the appropriate DAF

headquarters agencies or directorates with policy or procedure oversight. (T-1) The

appropriate DAF headquarters directorate will review and provide a written

response to the allegations and submit it to SAF/MRQ within 60 duty days (2

RSDs/UTAs) of receipt of the allegations. (T-1) SAF/MRQ will forward the written

response to AFPC EO Operations to forward to the installation EO Director through

the MAJCOM/FLDCOM EO functional manager. (T-1) Installation EO directors

will provide to the military member the written response within three duty days of

receipt. (T-1) Installation EO directors and EO practitioners will document and

update information in the AF EONet and close the institutional discrimination case.

(T-1)

4.18.2.2.5. The appropriate agencies or directorates with policy or procedure oversight

where institutional discrimination allegations have been referred will provide a written

response to the allegations within 60 duty days of receipt at their respective levels as

indicated in paragraphs 4.18.2.2.1 through 4.18.2.2.4. (T-1) If a response is not

provided within the 60 duty days (2 RSDs/UTAs), installation EO directors and

MAJCOM/FLDCOM EO functional managers will follow up with the appropriate

agencies or directorates every 15 duty days to receive a written status update from the

agencies or directorates in providing a response to the allegations and their anticipated

date of completion. (T-1) Installation EO directors and EO practitioners will send the

written status update to the military member within three duty days of receipt. (T-1)

For the ARC, installation EO directors will follow up every one RSD. (T-1)

4.18.2.2.6. Institutional discrimination appeals requests for decisions rendered will be

limited to the next higher level. (T-1) For example, a military member may request an

appeal with the respective MAJCOM/FLDCOM agencies or directorates for a decision

rendered by the installation-level agencies or directorates. There is no appeal against

decisions rendered by DAF headquarters-level agencies or directorates. (T-1)

Installation EO directors and EO practitioners will forward appeals using the process

outlined for forwarding institutional discrimination allegations for the next higher

level. (T-1) The next higher-level agencies or directorates with policy or procedure

oversight will review and provide a written response to the appeal request within 60

duty days (2 RSDs/UTAs) of receipt of the appeal request. (T-1) Installation EO

directors and EO practitioners will document and update information in the AF EONet

and close the institutional discrimination case. (T-1)

DAFI36-2710 23 MAY 2024 153

4.18.3. Third Party MEO Referral Complaint. To file an MEO informal or formal complaint

with the DAF EO Program, the military member must be the individual who experienced the

alleged prohibited discrimination, discriminatory harassment (including sexual harassment),

and/or other forms of harassment (bullying and hazing). (T-1) Third parties (e.g., someone

other than the individual experiencing the alleged behaviors or activities) such as, but not

limited to, commanders, supervisors, co-workers, peers cannot file an MEO complaint on

behalf of a military member. Installation EO directors and EO practitioners will refer all third-

party individuals who are aware of specific allegations of prohibited discrimination,

discriminatory harassment (including sexual harassment), and other forms of harassment

(bullying and hazing) to the respective military member’s commander or most appropriate

commander for resolution and document the information on DAF Form 1587 as a referral

complaint. (T-1) Third-party reporters are not entitled to a response regarding the substance of

reported MEO related allegations not directly affecting them. (T-1) Third-party reporters are

only entitled to have acknowledged receipt of their report being sent to the appropriate chain

of command for resolution. (T-1)

4.18.3.1. Commanders who receive third party complaints of sexual harassment with

sufficient details (e.g., alleged offender(s) name, date(s) incident occurred, unit, etc.)

should conduct an inquiry or investigation as appropriate. Where a commander initiates an

investigation of a third-party report of sexual harassment, the commander will ensure the

investigating officer is outside both the alleged offender’s and affected person’s (i.e.,

person believed to have experienced sexual harassment based on third party reporting)

immediate chain of command and that they are trained by the installation legal office in

the investigation of sexual harassment. Third-party reports of sexual harassment may be

referred to SF independent investigators when warranted by the evidence. (T-1)

4.18.4. Equal Opportunity General Assistance. As a helping agency committed to providing

robust and high-quality MEO assistance and as a stakeholder in fostering the DAF’s Connect

to Care Approach, installation EO directors and EO practitioners have a responsibility in

providing assistance to military members to include, but not limited to, responding to requests

for EO-related information and inquiries, advising on how to address workplace issues within

the DAF EO Program purview, and providing non-MEO ADR. (T-1) Installation EO directors

and EO practitioners will document EO general assist/contact on DAF Form 1271 to include

documenting a summary of the concerns presented and a detailed explanation of the assistance

that was provided by the EO office. (T-1) If a military member presents an allegation of

prohibited discrimination, discriminatory harassment, and/or other forms of harassment

(bullying and hazing) but elects not to file an MEO complaint, installation EO directors and

EO practitioners will inform the military member the installation EO office has to inform their

commander. (T-1) Installation EO directors and EO practitioners will conduct the notification

with the respective commander and then document the information on DAF Form 1271. (T-1)

4.18.5. Non-EO Contact Referrals. Installation EO directors and EO practitioners will conduct

non-EO contact referrals for military members on matters or concerns outside the scope of the

DAF EO Program with the appropriate DAF agency to support or resolve concerns. (T-0) Non-

EO contact referrals will be documented in the AF EONet on a DAF Form 1271 as a non-EO

assistance. (T-1) Table 4.1 outlines a not all-inclusive list of DAF agencies that can assist

military members based on the non-EO matter presented by that military member. The Connect

to Care Service Provider Matrix is another useful resource of helping agencies that is available

154 DAFI36-2710 23 MAY 2024

on the DAF Connect to Care site at https://usaf.dps.mil/sites/afpc-

home/DPF/DPFZ/SitePages/Connect-To-Care.aspx.

4.18.6. Warm Hand-Offs (Connect to Care Approach). Installation EO directors and EO

practitioners will facilitate non-EO contact referrals through warm hand-offs that are in-person,

virtual, or telephonic with consent of that military member and based on their preference to the

following helping agencies where they are eligible to receive support: SAPR, family advocacy,

victim/witness assistance program, victims’ counsel (legal assistance attorney), medical,

mental health, chaplain, SF, and IG. (T-0) Installation EO directors and EO practitioners will

make a reasonable effort to facilitate non-EO contact referrals through warm hand-offs that are

in-person, virtual, or telephonic with consent or upon the request of that military member and

based on their preference to other helping agencies where they are eligible to receive support.

(T-0) Refer to DAFI 90-5001 and DAFI 90-6001for more information on the Connect to Care

Approach.

4.18.7. Distress and Risk to Self or Others. For military members who come in contact with

the installation EO office that appear emotionally distraught or may present a risk to

themselves or others, installation EO directors and/or EO practitioners will conduct a person-

to-person warm hand-off with the individual’s immediate commander (and civilian

equivalents) or the commander’s (and civilian equivalents) designee (e.g., first sergeant). (T-0)

In emergency situations of imminent threat to self or to others, installation EO directors and

EO practitioners will contact law enforcement for assistance and then notify the military

member’s immediate commander including civilian equivalents or designee (e.g., first

sergeant). (T-1) Where there is no risk to EO practitioners’ safety, installation EO directors

and EO practitioners will not leave the individual alone until support arrives to ensure a person-

to-person warm hand-off is conducted. (T-1) All warm hand-offs will be documented in the

AF EONet on the applicable form at the conclusion of the interaction. (T-1) Refer to DAFI 90-

5001 for warm hand-off procedures for individuals exhibiting suicidal ideation.

4.18.8. Suspected Criminal or Extremist Activities. Installation EO directors and EO

practitioners will immediately refer any allegations made about or suspected criminal (e.g.,

sexual assault, indecent exposure, obscene telephone calls, child physical or sexual abuse, child

exploitation, etc.) or extremist activities to AFOSI or security forces for investigation as

applicable based on investigative authority. (T-0) The installation EO director will

immediately notify the installation commander and other appropriate commanders of the

incident and non-EO contact referral to AFOSI or SF. (T-1) For non-EO contact referrals to

AFOSI alleging sexual assault, the installation EO Director will notify the SARC or SAPR VA

that a non-EO referral was made to AFOSI. (T-1) Installation EO directors and EO

practitioners will document non-EO contact referrals regarding sexual assault to AFOSI and

notification to commander(s) and SARC or SAPR VA in the AF EONet on an DAF Form 1271

as a non-EO assistance. (T-1) If the suspected criminal or extremist activities fall under the

MEO protected categories but are not under the authority or scope of the DAF EO Program,

installation EO directors will document this as a referral complaint to AFOSI or SF in the AF

EONet on a DAF Form 1587. (T-1)

4.18.9. Potential for Uniform Code of Military Justice Action(s). When installation EO

directors and EO practitioners become aware of allegations that could result in UCMJ action(s)

against a military member or adverse action against a civilian employee, installation EO

directors and EO practitioners will immediately notify and consult with the installation SJA

DAFI36-2710 23 MAY 2024 155

office to include addressing whether to continue or cease any MEO complaint processing and

whether such allegations will need to be referred (potentially as a non-EO referral or a referral

complaint pending the scope of the matter at hand). (T-1)

4.18.10. Preservation of Restricted Reporting Option for Sexual Assault and Sexual

Harassment. Installation EO directors and EO practitioners will advise military members

seeking assistance from the installation EO office of their eligibility to receive victim advocacy

services through the SAPR office for sexual assault and sexual harassment and that the

installation EO office can facilitate an in-person, virtual, or telephonic non-EO contact

referral/warm hand-off to the SARC or SAPR VA prior to the military member disclosing a

sexual assault or sexual harassment allegation to the EO office to preserve their restricted

reporting options with the SAPR program. (T-0) Installation EO directors and EO practitioners

will also advise military members that military sexual harassment victim advocacy services

through the SAPR office do not replace the MEO complaint processes available to military

members and that military members electing an unrestricted report with the SAPR office to

receive sexual harassment victim advocacy may also choose to file a separate MEO complaint

alleging sexual harassment through the installation EO office, or can go directly to their

commander to report the allegation. (T-0) This information will be documented on DAF Form

1271 as a non-EO assistance if the military member does not file a MEO complaint or DAF

Form 1587 or DAF Form 1587-1 for military members who have filed a MEO complaint. (T-1)

4.18.10.1. If a complaint intake is initiated, installation EO directors and EO practitioners

will provide the military complainant a detailed overview of the MEO Complaint Intake

template, to prevent the military member from unintentionally disclosing a sexual assault

or sexual harassment to preserve their ability to file a restricted report with the SAPR office.

(T-1) This includes installation EO directors and EO practitioners reviewing and

explaining the definitions of sexual assault and sexual harassment on the intake form to

ensure the military member has a clear understanding of both and that they are eligible for

victim advocacy services through the SAPR office. (T-1) The military complainant will

initial on the intake form that they understand the definitions and whether they consent to

the EO office facilitating an in-person, virtual, or telephonic referral to the SARC or SAPR

VA for victim advocacy services. (T-1) If the military complainant does not disclose a

sexual assault or sexual harassment allegation during the intake interview but requests a

non-EO contact referral/warm hand-off to the SAPR program, the installation EO director

and EO practitioner will immediately terminate the interview and will facilitate an in-

person, virtual, or telephonic non-EO referral/warm hand-off to the SARC or SAPR VA

with the consent of the military member. (T-0)

4.18.10.2. If a military member initially declines an installation EO office-facilitated in-

person, virtual, or telephonic non-EO contact referral/warm hand-off to the SARC or SAPR

VA, installation EO directors and EO practitioners will inform the military member that

they can return to the installation EO office to facilitate a non-EO contact referral/warm

hand-off with the SAPR office, or that the military member can engage the SAPR office

directly. (T-1) Installation EO directors and EO practitioners will provide military

members with a written and/or electronic copy of SAPR office contact information to

include, at a minimum, the office location and telephone number. (T-1) This information

will be documented on DAF Form 1271 as a non-EO assistance if the military member

156 DAFI36-2710 23 MAY 2024

does not file a MEO complaint or DAF Form 1587 or 1587-1 for military complainants

who have filed a MEO complaint. (T-1)

4.18.10.3. If a military member discloses a sexual assault or sexual harassment allegation

to the installation EO office, installation EO directors and EO practitioners will

immediately notify the SARC or SAPR VA of the allegation and whether the military

member has consented to the installation EO office facilitating an in-person, virtual, or

telephonic referral to the SARC or SAPR VA. (T-1) The installation EO director will also

immediately notify the installation SJA office since a sexual harassment allegation could

result in UCMJ action against a military member. (T-1)

4.18.11. Reprisal, Restriction, and Retaliation Allegations. Reprisal, restriction, and

retaliation allegations are reported and processed differently for military members as well as

defined and processed differently for civilian employees. Refer to Chapter 3 for DAF civilian

employees.

4.18.11.1. Reprisal and Restriction. Installation EO directors and EO practitioners will

immediately conduct a non-EO contact referral for military members alleging reprisal

and/or restriction, including any reprisal and/or restriction for filing a MEO complaint, to

the IG office for processing in accordance with DAFI 90-301. (T-0) Installation EO

directors and EO practitioners will also inform military members alleging reprisal and/or

restriction related to sexual harassment that they have the option to consult with a legal

assistance attorney concerning their allegations as described in the Department of Defense

(DoD) Retaliation Prevention and Response Strategy Implementation Plan. (T-0)

Installation EO directors and EO practitioners will document this non-EO contact

referral/warm hand-off on the DAF 1271 as a non-EO assistance if the military member

does not file a MEO complaint or DAF Form 1587 or DAF Form 1587-1 for military

complainants who have filed a MEO complaint. (T-1) Installation EO directors and EO

practitioners will inform the military member that the installation EO office can facilitate

an in-person, virtual, or telephonic non-EO contact referral/warm hand-off to the IG office

and/or a legal assistance attorney with their consent. (T-0)

4.18.11.2. Retaliation. Installation EO directors and EO practitioners will immediately

conduct a non-EO referral/ warm hand-off for military members alleging retaliation (e.g.,

ostracism, maltreatment), including any retaliation for filing a MEO complaint, to the

military member’s commander to take appropriate action in accordance with AFI 36-2909,

Air Force Professional Relationships and Conduct. (T-1) Installation EO directors and EO

practitioners will also inform military members alleging retaliation related to sexual

harassment that they have the option to consult with a legal assistance attorney concerning

their allegations as described in the DoD Retaliation Prevention and Response Strategy

Implementation Plan. (T-0) Installation EO directors and EO practitioners will document

this non-EO contact referral/warm hand-off on the DAF Form 1271 as a as a non-EO

assistance if the military member does not file a MEO complaint or DAF Form 1587 or

DAF Form 1587-1 for military complainants who have filed a MEO complaint. (T-1)

Installation EO directors and EO practitioners will inform the military member that the

installation EO office can facilitate an in-person, virtual, or telephonic non-EO contact

referral/warm hand-off with their commander and/or a legal assistance attorney with their

consent. (T-0)

DAFI36-2710 23 MAY 2024 157

Table 4.1. DAF Agencies for Non-EO Referrals.

Column A

Type of Issue

Column B

Appropriate Agency to Resolve the Issue

Equal Opportunity in Off-Base

Housing

The Housing Referral Office; AFPD 32-60,

Housing; AFI 32-6000, Housing Management

Administrative Separations

Local Military Personnel Section (MPS); DAFI

36-3211, Military Separations

Claims against the Government

Staff Judge Advocate; AFI 51-306, Administrative

Claims for and Against the Air Force

Correction of Military Records

Air Force Board for the Correction of Military

Records; DAFI 36-2603, Air Force Board for

Correction of Military Records (AFBCMR)

Appeal of an Officer Performance

Report (OPR), Enlisted Performance

Report (EPR), or Promotion

Recommendation Form (PRF)

Evaluation Reports Appeal Board (ERAB); DAFI

36-2406, Officer and Enlisted Evaluation Systems

LOC, LOA, or LOR (other than

Discrimination/Reprisal)

Chain of Command (military or civilian) or Area

Defense Counsel (ADC) (military)

Punishment under UCMJ Courts-

Martial; Article 15 Nonjudicial

Punishment

Chain of Command or ADC; DAFI 51-201,

Administration of Military Justice; DAFI 51-202,

Non-Judicial Punishment; For ANG refer to

NGB/JA

Article 138 UCMJ (Complaint of

Wrongs)

Area Defense Counsel; AFI 51-505, Complaints of

Wrongs Under Article 138, Uniform Code of

Military Justice

Medical Treatment

Medical Treatment Facility (MTF) CC/Director

and/or DHA; AFI 44-119, Medical Quality

Operations

Unprofessional Relationships

Chain of Command; AFI 36-2909, Professional

and Unprofessional Relationships and Conduct

Allegations regarding Non-AF

Organizations or Agencies

Service IG or DoD IG Hotline; DAFI 90-301,

Inspector General Complaints Resolution

Personnel Security and Insider Threat

events

Base Information Protection Office, Unit Security;

DoDM 5200.02_DAFMAN 16-1405, Department

of the Air Force Personnel Security Program,

DAFI 16-1402, Counter-Insider Threat Program

Management

Deny or Revoke Security clearance

Personnel Security Appeal Board (PSAB); DoDM

5200.02_DAFMAN 16-1405, Department of the

Air Force Personnel Security Program

Fitness Assessment Records Errors

Fitness Assessment Appeals Board; DAFMAN 36-

2905, Department of the Air Force Physical

Fitness Program

158 DAFI36-2710 23 MAY 2024

4.19. Receiving Referrals from Other Agencies. As part of the Connect to Care Approach,

DAF helping agencies and other relevant organizations will refer/conduct warm hand-offs for

military members who have disclosed allegations of prohibited discrimination, discriminatory

harassment (including sexual harassment) and other forms of harassment (bullying and hazing)

under the DAF EO Program purview to the installation EO office. (T-0) This helps ensure military

members are provided and/or connected to comprehensive and appropriate support services as well

as given the opportunity to attempt to resolve issues at the lowest organizational level at the earliest

possible time. Installation EO directors and EO practitioners will inform the military member of

their rights and options to file an MEO complaint within three duty days of receiving a

referral/warm hand-off. (T-0) If the military member elects to file an MEO complaint, installation

EO directors and EO practitioners will process the complaint in accordance with procedures in this

publication to include documenting the complaint information in the AF EONet on the DAF Form

1587 or DAF Form 1587-1. (T-1)

4.19.1. Referrals from the Inspector General. The IG will refer complaint allegations of

prohibited discrimination, discriminatory harassment (including sexual harassment) and other

forms of harassment (bullying and hazing) under the DAF EO Program purview to the

installation EO office. (T-0) Installation EO directors and EO practitioners will inform the

military member of their rights and options to file an MEO complaint within three duty days

of receiving the referral/warm hand-off. (T-0) If the military member elects to file an MEO

complaint, installation EO directors and EO practitioners will process the complaint in

accordance with procedures in this publication. (T-1)

4.19.1.1. If the military member’s identity is unknown in the IG referral to the installation

EO office, there must be sufficient details provided by the anonymous source to look into

the allegation(s) and indicate that the source is providing reliable information. (T-1) If it is

determined that sufficient information is provided, installation EO directors and EO

practitioners will initiate the clarification process for anonymous complaints within three

duty days of receiving the IG referral. (T-0) Installation EO directors and EO practitioners

will document the complaint information in the AF EONet on the DAF Form 1587. (T-1)

If it is determined that insufficient information is provided and IG is unable to provide

additional information on their referral, installation EO directors and EO practitioners will

document in the AF EONet on the DAF Form 1271 as a EO general assistance/contact

where insufficient information was provided to resolve. (T-1)

4.19.1.2. The IG may refer EO related matters to the installation EO office while

continuing to investigate other allegations tied to the complaint they received. In such

circumstances, the installation EO director will consult the IG and SJA offices on whether

to proceed with the MEO complaint processing based on the election of the military

member unless the complaint was anonymous; suspend the complaint processing until the

conclusion of the IG investigation; or recommend to the appropriate commander if a CDI

may be more appropriate to address all the allegations associated with the IG and MEO

complaints in one investigation. (T-1) A CDI can only be initiated by a commander. (T-1)

4.19.2. Sexual Harassment Referrals from the Sexual Assault Prevention and Response Office.

When a military member elects an unrestricted report of sexual harassment, the SARC and

SAPR VA will notify and conduct an in-person, virtual, or telephonic referral installation EO

office and the military member’s commander.

DAFI36-2710 23 MAY 2024 159

4.19.2.1. If this military member with an unrestricted report elects an informal or formal

MEO complaint with the EO office as a result of the SAPR referral, installation EO

directors and EO practitioners will process the MEO complaint in accordance with this

publication. (T-1) Installation EO directors and EO practitioners will notate on the MEO

Complaint Intake and DAF Form 1587 or 1587-1 that the military member has an

unrestricted report and was referred by SAPR, resulting in the member electing to file an

MEO complaint. (T-1) For additional information, refer to DAFI 90-6001.

4.19.2.2. If a military member converts their restricted report to an unrestricted report with

the SAPR office, the SARC and SAPR VA will notify and conduct an in-person, virtual,

or telephonic referral installation EO office and the military member’s commander. (T-1)

If the military member elects an informal or formal MEO complaint with the EO office as

a result of the SAPR referral, installation EO directors and EO practitioners will process

the MEO complaint in accordance with this publication. (T-1) Installation EO directors

and EO practitioners will notate on the MEO Complaint Intake template and DAF Form

1587 or 1587-1 that the military member has an unrestricted report that was converted from

a restricted report and was referred by SAPR, resulting in the member electing to file an

MEO complaint. (T-1) For additional information, refer to DAFI 90-6001.

4.19.2.3. If a military member with an unrestricted report declines to elect to file an MEO

complaint after the SAPR referral, installation EO directors and EO practitioners will

notate on the DAF Form 1271 non-EO assistance that the military member declined to file

an MEO complaint. (T-1) Installation EO directors and EO practitioners will inform the

member that they are still eligible to return to file an MEO complaint. (T-1) Installation

EO directors and EO practitioners will provide the military member with a written and/or

electronic copy of the EO office contact information to include, at a minimum, the office

location and telephone number. (T-1)

4.19.2.4. Installation EO directors and EO practitioners are not authorized nor will inquire

about the military member’s unrestricted or restricted report details. (T-0) This includes

not inquiring or requesting access to victim advocacy files or access to the SAPR tracking

database. (T-1)

4.19.2.5. Installation EO directors, MAJCOM/FLDCOM EO functional managers, and

AFPC EO Operations will ensure the proper tracking of SAPR referrals that resulted in

MEO complaints in order to respond to data calls to support congressional and DoD

reporting requirements and DAF senior leader inquiries. (T-1) AFPC EO Operations will

coordinate and collaborate with AFPC DPFZ on related data calls while maintaining

military member privacy to the extent possible. (T-1) This includes providing the number

of MEO informal and formal complaints that resulted from restricted reports that were

converted to unrestricted reports to meet congressional reporting requirements. (T-0)

4.20. Complex Issues. MEO informal or formal complaints may be considered complex issues

when those complaints have a complicated structure and/or circumstances of those complaints

require, but not limited to: conducting significant coordination (e.g., interviewing large numbers

of alleged offenders and/or witnesses across different locations/military services or gathering

significant amount of information); acquiring resourcing (e.g., staffing support); addressing

significant number of allegations in a single complaint; MEO allegations that are combined with

other forms of misconduct; addressing involvement of complainants and/or alleged offenders that

160 DAFI36-2710 23 MAY 2024

may result in adverse media, congressional, or public interest; addressing potential conflicts of

interests in processing complaints; and/or determining if parts of the complaint allegations will

need to be referred to another agency for concurrent processing or investigation and its impact on

the continuance or suspension of the processing of the MEO complaint.

4.20.1. For informal and formal MEO complaints that an installation EO director believes to

be a complex issue, the installation EO director will coordinate with their respective EO

MAJCOM/FLDCOM EO functional manager on appropriate complaint processing

procedures. (T-1) The MAJCOM/FLDCOM EO functional manager will coordinate with the

MAJCOM/FLDCOM deputy, A1, IG, and JA to determine the appropriate complaint process

and procedures. (T-1) For complex issues involving a formal complaint of sexual harassment,

the installation EO director will consult with the SJA and independent investigator for guidance

in processing the complaint. (T-1)

4.20.2. If it is determined that the MEO informal or formal complaint process will be used and

there is a perceived or actual conflict of interest for the installation EO office impacted to

process the complaint, the MAJCOM/FLDCOM EO functional manager will conduct the MEO

complaint process. (T-1) The MAJCOM/FLDCOM EO functional manager may designate

another installation EO office within the MAJCOM/FLDCOM to process the MEO complaint

while ensuring consideration is taken on the installation EO offices’ workload. (T-1) The

MAJCOM/FLDCOM EO functional manager will document information in the AF EONet on

the DAF Form 1587 or 1587-1. (T-1)

4.20.2.1. In extenuating circumstances where the MAJCOM/FLDCOM EO functional

manager cannot process an MEO complaint or cannot designate another neutral installation

EO office within the MAJCOM/FLDCOM to process the MEO complaint, that

MAJCOM/FLDCOM EO functional manager will request to AFPC EO Operations to

coordinate with other MAJCOM/FLDCOM EO functional managers to seek volunteers to

provide assistance with the complaint. (T-1) Barring volunteers, AFPC EO Operations in

conjunction with the respective MAJCOM/FLDCOM EO functional manager will identify

an EO practitioner from an installation EO office to assist in processing the complaint.

(T-1) AFPC EO Operations will ensure SAF/MRQ is provided awareness of which

installation EO office will have an EO practitioner assist in the processing of the complaint.

(T-1)

4.20.2.2. AFPC EO Operations will determine requirements for special access to the AF

EONet in conflict of interest complaints and will advise the appropriate installation EO

office of such determinations and provide operational guidance. (T-1)

4.20.3. If a CDI is initiated, the MAJCOM/FLDCOM EO functional manager will serve as

the designated EO SME for the CDI or designate another installation EO office within the

MAJCOM/FLDCOM other than the impacted installation to serve as the EO SME while

ensuring consideration is taken on the installation EO offices’ workload. (T-1) The

MAJCOM/FLDCOM EO functional manager will document information in the AF EONet on

the DAF Form 1587 or DAF Form 1587-1. (T-1)

4.20.4. If an installation EO director is named as an alleged offender in an MEO complaint,

the MAJCOM/FLDCOM EO functional manager will conduct the complaint processing to

avoid any conflicts of interest with processing at the impacted installation. (T-1) The

MAJCOM/FLDCOM EO functional manager may designate another installation EO office

DAFI36-2710 23 MAY 2024 161

within the MAJCOM/FLDCOM other than the impacted installation to assist in processing the

MEO complaint while ensuring consideration is taken on the installation EO offices’ workload.

(T-1) The MAJCOM/FLDCOM EO functional manager will document information in the AF

EONet on the DAF Form 1587 or DAF Form 1587-1. (T-1) The MAJCOM/FLDCOM EO

functional manager will inform AFPC EO Operations when complaints are filed against

installation EO directors within 48 hours of receipt of the complaint. (T-1) AFPC EO

Operations will then inform SAF/MRQ within 48 hours of notification from the

MAJCOM/FLDCOM EO functional managers. (T-1)

4.21. MEO Complaints against Senior Officials. Complaints of prohibited discrimination and

discriminatory harassment (including sexual harassment) and other forms of harassment (bullying

and hazing) against any active duty, retired, Reserve, or National Guard military officer in grades

O-7 and above, and any officer selected for promotion to O-7 whose name is on the O-7 promotion

board report forwarded to the military department Secretary (including Air National Guard

colonels selected by a General Officer Federal Recognition Board for a certificate of eligibility

(COE)); any current or former member of the senior executive service; any current or former DoD

civilian employee whose position is deemed equivalent to that of a member of the senior executive

service; any current or former Presidential appointee; the Chief Master Sergeant of the Air Force

and the Chief Master Sergeant of the Space Force require different processing procedures as

described in AFI 90-301, Inspector General Complaints Resolution. (T-0) Formal complaints of

sexual harassment are referred to SF to conduct independent investigations pursuant to the

procedures in 10 USC § 1561. (T-1) Consult with the servicing SJA on formal complaints of sexual

harassment or any informal complaints of sexual harassment that result in an investigation on

reporting procedures prior to reporting to IG. (T-1)

4.21.1. Installation EO directors and EO practitioners will conduct a sufficient complaint

intake to conclude senior official involvement as an alleged offender. (T-1) As part of the

initial intake, installation EO directors and EO practitioners will inform the military

complainant on the requirement to and process of referring MEO complaints against senior

officials to SAF/IGS. (T-1) Formal complaints of sexual harassment are referred to SF to

conduct independent investigations pursuant to the procedures in 10 USC § 1561. (T-1)

4.21.2. Installation EO directors and EO practitioners will not send informal complaints to

commanders for action nor conduct clarifications for formal complaints involving senior

officials. (T-1) Installation EO directors and EO practitioners will forward complaints against

senior officials as referral complaints to their servicing IG office in accordance with DAFI 90-

301. (T-1) Installation EO directors will refer these complaints to their servicing IG office or

SAF/IGS immediately after receiving the complaint. (T-0) Installation EO directors will notify

AFPC EO Operations via their respective MAJCOM/FLDCOM EO functional manager of the

notification made to the IG office. (T-1) If the servicing IG office declines the referral,

installation EO directors will forward the MEO complaint to SAF/MRQ and AFPC EO

Operations via their respective MAJCOM/FLDCOM EO functional manager for referral to

SAF/IGS. (T-1) Installation EO directors and EO practitioners will document these referral

complaints on DAF Form 1587. (T-1)

4.21.3. For MEO complaints against senior officials referred to the IG office, the servicing IG

office or SAF/IGS will provide AFPC EO Operations with the outcome or dismissal of the IG

investigation to forward to the installation EO directors to document in the AF EONet. (T-1)

162 DAFI36-2710 23 MAY 2024

4.21.4. For informal or formal MEO complaints involving a senior official alleged offender

(OPR: IG) and other non-senior officials as alleged offenders (OPR: EO), installation EO

Directors will consult with their respective MAJCOM/FLDCOM EO functional manager and

servicing IG and SJA offices to determine how to proceed with portions of the MEO complaint

process of the non-senior officials as alleged offenders. (T-1) Complaints against senior

officials will be referred to the servicing IG office immediately after receiving the complaint.

(T-1)

4.22. MEO Complaints against Installation Commanders, Deputy Commanders, and

Command Chief Master Sergeants. For informal and formal MEO complaints against

installation commanders, deputy commanders, and/or command chief master sergeants at all

levels, installation EO directors will coordinate with their respective MAJCOM/FLDCOM EO

functional managers on appropriate complaint processing procedures. (T-1) The

MAJCOM/FLDCOM EO functional manager will coordinate with the MAJCOM/FLDCOM

deputy commander, A1, IG, and JA to determine the appropriate complaint or investigative

process. (T-1) If it is determined that the MEO informal or formal complaint process will be used

or that a CDI is initiated, the MAJCOM/FLDCOM EO functional manager will conduct the MEO

complaint process and/or serve as the designated EO SME for the CDI. (T-1) Formal complaints

of sexual harassment are referred to SF to conduct independent investigations pursuant to the

procedures in 10 USC § 1561. (T-0) Consult with the servicing SJA on complaints of sexual

harassment on procedures. (T-1) The MAJCOM/FLDCOM EO functional manager may designate

another installation EO office within the MAJCOM/FLDCOM other than the affected installation

to assist in processing the MEO complaint or serving as a EO SME for the CDI while ensuring

consideration is taken on the installation EO offices’ workload. (T-1) The MAJCOM/FLDCOM

EO functional manager will document information in the AF EONet on the DAF Form 1587 or

DAF Form 1587-1. (T-1)

4.23. MEO Complaints against All Officers and Civil Servants Grade 15 (or equivalent)

other than Senior Officials (and Civilian Equivalents). For informal and formal MEO

complaints against officers (O-6 and below) and civil servants grade 15 (or equivalent), installation

EO directors and EO practitioners will process these complaints in accordance with the informal

or formal complaint processing procedures in this chapter. (T-1) To meet DoD and DAF IG

reporting requirements, installation EO directors will notify the installation commander of any

informal or formal MEO complaints involving any officer or civil servant grade 15 (or equivalent)

within three duty days of receiving the complaint. (T-0) Installation EO directors will provide an

initial notification to their servicing IG and AFPC EO Operations of such complaints. Installation

EO directors will provide a final notification to their servicing IG and AFPC EO Operations of the

complaints results (e.g., substantiated or not substantiated) once the complaint is closed as

described in DAFI 90-301. (T-1) Consult with the servicing SJA on formal complaints of sexual

harassment or any informal complaints of sexual harassment that result in an investigation on

reporting procedures prior to reporting to IG. (T-1)

4.24. DAF Unlawful Discrimination and Harassment Hotline Procedures. The DAF

Unlawful Discrimination and Harassment Hotline will function as a referral line to facilitate

potential EO concerns and/or complaints from Airmen and Guardians (military and civilian) to the

appropriate installation for resolution and provide information on DAF EO policies and

procedures, how to file complaints, and on what constitutes civilian EEO complaints of unlawful

discrimination and discriminatory harassment (including sexual harassment) and MEO complaints

DAFI36-2710 23 MAY 2024 163

of prohibited discrimination, discriminatory harassment (including sexual harassment), and other

forms of harassment (bullying and hazing). (T-0) The hotline is maintained, managed, and

operated by AFPC EO Operations and will be accessible to Airmen and Guardians to include

responses back to missed calls no later than 48 hours to the extent practicable. (T-1) While the

hotline does not provide crisis intervention or victim advocacy services, the hotline will refer

callers with the appropriate helping agency. (T-1)

4.24.1. The DAF Unlawful Discrimination and Harassment Hotline will inform military

members who call the hotline about sexual harassment that military members are eligible to

receive victim advocacy services by the SAPR office for sexual harassment and that the

installation EO office can facilitate an in-person, virtual, or telephonic referral to the SARC or

SAPR VA prior to the military member disclosing a sexual harassment allegation to EO office

to preserve their restricted reporting option. (T-0) The hotline will inform military members

that the EO office does not provide sexual harassment victim advocacy services and cannot

take unrestricted or restricted reports. (T-0) The hotline will also inform military members that

military sexual harassment victim advocacy services through the SAPR office do not replace

the MEO complaint processes available to military members. As such, military members

electing an unrestricted report with the SAPR office to receive sexual harassment victim

advocacy may also choose to file a separate MEO complaint alleging sexual harassment

through the EO office or can go directly to their commander to report the allegation. (T-0)

4.24.2. Hotline Caller Contact. The DAF Unlawful Discrimination and Harassment Hotline

will determine how to process and/or refer call inquiries or request for assistance by verifying

whether the matter or concern of the caller is within the DAF EO Program. (T-0) AFPC EO

Operations will provide timely responses to callers on general EO-related inquiries and/or

connect/refer callers with the appropriate helping agency. (T-1) If a caller provides intent to

file an EEO of MEO complaint as described in this publication or requests eligible EO-related

support, AFPC EO Operations will refer the hotline call to the servicing installation EO office

for processing via the respective MAJCOM/FLDCOM EO functional manager within 24 hours

of receiving the call. (T-1) If a caller anonymously reports an MEO allegation to the hotline

within the DAF EO Program, AFPC EO Operations will refer the hotline call to the servicing

installation EO office for processing following procedures in paragraphs 4.16 through 4.16.6.

(T-1)

4.24.3. Processing Hotline Contact Referrals. Upon receipt of a hotline contact referral from

AFPC EO Operations, installation EO directors and EO practitioners will make contact with

the hotline caller within 24 hours to verify requested EO services, address questions, provide

information about available complaint reporting options, identify if caller allegations are

within the scope of this publication, and inquire if the caller would like to initiate a complaint.

(T-1) Installation EO directors and EO practitioners will document the hotline contact referral

on AF Form 1271 if the military member does not file a MEO complaint or DAF Form 1587

or DAF Form 1587-1 for military members who have filed a MEO complaint. (T-1) Installation

EO directors and EO practitioners will document the hotline contact referral on DAF Form

1271 for civilian callers. (T-1) Within three duty days of completing and closing out assistance

to a caller’s hotline contact referral, the installation EO director will notify AFPC EO

Operations via their MAJCOM/FLDCOM EO functional manager that the assistance is closed

and documented in the AF EONet. (T-1)

164 DAFI36-2710 23 MAY 2024

4.25. MEO Complaints in Joint Service Environments.

4.25.1. Overview. A joint service environment is a locality from which operations of two or

more of the military departments are projected or supported and which is manned by significant

elements of two or more military departments or in which significant elements of two or more

military departments are located. (T-0) This includes joint bases, combatant commands,

defense agencies, DoD field activities, and other organizational entities within the DoD that

involve more than one military department or military service. In a joint military environment,

when the military complainant and alleged offender are assigned to different organizations and

the commander of the joint military environment does not have command or supervisory

authority over the alleged offender, complaints will be processed by the commander’s service

that has administrative control, or disciplinary authority, or a combination thereof, over the

alleged offender. (T-0) 

4.25.2. Informal Complaint Resolution. Installation EO directors and EO practitioners will

encourage military personnel from all military services to resolve MEO allegation and

concerns informally at the lowest level possible. (T-0) When handling informal complaints of

MEO allegations, installation EO directors and EO practitioner will attempt informal

resolution. (T-1) However, installation EO directors and EO practitioners will not dissuade

military members from filing formal complaints. (T-1) If an informal resolution is not

accomplished or successful, the host service or agency will advise the military complainant of

their right to file a formal complaint with their respective service’s installation EO office for

processing. (T-0)

4.25.3. Formal Complaints in Joint Environments. Formal MEO complaints in a joint

environment will be processed by the commander’s military service that has administrative

control, or disciplinary authority, or a combination thereof, over the alleged offender. (T-0)

Formal MEO complaints will be processed in accordance with prescribed timelines outlined

in laws (e.g., 10 USC § 1561), DoD policies, and this publication. (T-0)

4.25.3.1. When the military complainant and alleged offender are assigned to different

organizations and the commander of the joint military environment does not have

command or supervisory authority over the alleged offender, or when the military

complainant and alleged offender are assigned to different military services (when all

parties are not assigned to a joint military environment), formal complaints will be

processed as follows:

4.25.3.1.1. Joint commanders must forward the complaint, with a detailed description

of the facts and circumstances, to the next superior officer in the alleged offender’s

chain of command who is authorized to convene a general court martial. (T-0)

4.25.3.1.2. The alleged offender’s commander or supervisor is responsible for

providing notice and sending updates to the military complainant’s commander or

supervisor, upon receipt and final disposition of a complaint. (T-0) The alleged

offender’s commander will notify the alleged offender when an investigation begins

and is completed, to include notifying the alleged offender on the formal complaint

disposition. (T-0)

DAFI36-2710 23 MAY 2024 165

4.25.3.1.3. The military complainant’s commander is responsible for notifying the

military complainant when an investigation begins and is completed, to include

notifying the military complainant on the formal complaint disposition. (T-0) The

military complainant’s commander or supervisor is responsible for ensuring the

completed complaint forms and other requested documentation are provided to the

alleged offender’s commander or supervisor. (T-0)

4.25.3.1.4. When an administrative finding substantiates a MEO allegation, the alleged

offender’s commander or supervisor is responsible for administering appropriate

corrective, administrative, and/or disciplinary action. (T-0)

4.25.3.2. If the alleged offender is a DAF military member, installation EO directors and

EO practitioners will conduct a formal complaint clarification in accordance with this

chapter. (T-1) Installation EO directors and EO practitioners will coordinate with their

MAJCOM/FLDCOM EO functional manager, servicing DAF SJA office, and DAF alleged

offender’s commander. (T-1) Formal complaints of sexual harassment are referred to SF

to conduct independent investigations pursuant to the procedures in 10 USC § 1561. (T-1)

4.25.3.2.1. Installation EO directors and EO practitioners will provide updates, as

necessary, to the appropriate military service or point of contact through final complaint

disposition to ensure that the military complainant’s commander is informed of the

final disposition. (T-0) 

4.25.3.2.2. If the EO director and the MAJCOM/FLDCOM EO functional manager are

unable to identify the appropriate military service or point of contact, the case will be

elevated to AFPC EO Operations to identify and forward the case to the appropriate

service or point of contact. (T-1) 

4.25.3.3. If the military complainant is a DAF military member, installation EO directors

and EO practitioners will conduct initial intake and will then refer the formal complaint to

the commander’s military service that has administrative control, or disciplinary authority,

or a combination thereof, over the alleged offender. (T-0) Installation EO directors and EO

practitioners will document this in the AF EONet on an DAF Form 1587 as a referral

complaint, to include identifying the basis for the referral, specific allegations, and that a

referral/warm hand-off was offered. (T-1)

4.25.3.3.1. EO directors and EO practitioners will seek updates, as necessary, from the

appropriate military service or point of contact through final complaint disposition and

ensure that the military complainant’s commander is informed of the final disposition.

(T-0) 

4.25.3.3.2. If the military service commander of the alleged offender attempts to send

back a formal complaint to the DAF EO Program to process, EO directors will engage

the installation DAF SJA and installation commander or host wing commander to

reiterate to the service commander of the alleged offender that the responsibility to

process the formal complaint is with the service commander of the alleged offender in

accordance with DoDI 1020.03 and DoDI 1350.02. (T-1)

4.25.3.4. Installation EO directors and EO practitioners, in coordination with the military

complainant’s commander, will assist in the coordination of interviews or taking of

statements of the military complainant when requested. (T-1)

166 DAFI36-2710 23 MAY 2024

4.25.3.5. The military complainant’s commander will notify the military complainant

when an investigation begins and is completed, to include notifying the military

complainant on the formal complaint disposition. (T-0)

4.25.3.6. If the EO Director and the MAJCOM/FLDCOM EO functional manager are

unable to identify the appropriate military service or point of contact, the case will be

elevated to AFPC EO Operations to identify and forward the case to the appropriate

military service or point of contact. (T-1) 

4.25.3.7. For sexual harassment allegations, installation EO directors and EO practitioners

will advise the military complainant that they are eligible to receive victim advocacy

services through the DAF SAPR office for sexual harassment and that the installation EO

office can facilitate an in-person, virtual, or telephonic non-EO contact referral/warm hand-

off to the SARC or SAPR VA. (T-0) Installation EO directors and EO practitioners will

also advise military complainant that military sexual harassment victim advocacy services

through the DAF SAPR office does not replace their request to file a formal MEO

complaint. (T-0) This information will be documented on DAF Form 1587 as a referral

complaint in the AF EONet. (T-1)

4.25.4. Installation EO directors and EO practitioners will refer military members from other

military services to use their military service’s MEO complaint processing procedures. (T-1) 

4.25.5. Installation EO directors, with approval from the installation commander, will

establish servicing agreements, where applicable, through memorandum of

agreement/understanding (MOA/MOU) with other host or tenant military services and DoD

agencies as needed to ensure military members have access to MEO programs. (T-1)  

4.25.6. DAF commanders, EO directors, and EO practitioners will publicize, display, and

ensure understanding of all pertinent DoD and military service MEO policies and programs

throughout the organization when in a joint environment. (T-1)

4.26. Deployed Environments.

4.26.1. Personnel Requirements. Installation EO directors and EO practitioners will be