JUMP TO: Resources from MWPA.Army – Organizations that support military whistleblowers
What is a Special Defense? All Whistleblowers must learn this once they realize the IG or Chain of Command refuse to rectify the situation (especially when they decide to hunt your career with a “Disrespect” allegation or entrapments)!!
Here is what you need to know!
Remember; when an Officer claims “Disrespect,” they immediately become a Complainant or Plaintiff (depending on the venue). Here is the Definition of a “Special Defense:”
Special defenses are facts that show the court that the plaintiff has no legal right to what they have requested.
https://www.lawinsider.com/dictionary/special-defenses
And, here is what the Manual for Courts-Martial United States 2024 says about Article 89, “Disrespect toward a superior commissioned officer” and, here is what the Manual for Courts Martial 2025 states regarding the “Special Defense” associated with any “Disrespect” allegation:
Special defense—unprotected victim [complainant or plaintiff]. A superior commissioned officer[complainant or plaintiff] whose conduct in relation to the accused under all the circumstances departs substantially from the required standards appropriate to that officer’s rank or position under similar circumstances loses the protection of this article. That accused may not be convicted of being disrespectful to the officer who has so lost the entitlement to respect protected by Article 89.
What does reprisal and retaliation look like in practice?
See a Comic Strip entitled, “DEI is the Poisonous Tree in the Military” (immediately below)
Fruit from Poisonous Tree Comic
It takes many different forms (see below video “Captain Rose vs. the System,” 60 Minutes, 1974, and, go to our “Real Life Examples” page for the Whistleblower Retaliations involved in the Forbes case)!
“Captain Rose vs. The System, 60 Minutes, 1974”
The link immediately below is the Military Whistleblower Protection Act law.
10 USC 1034 – Cornell Law School, Legal Information Institute
What is a GOMOR? It is a General Order Memorandum of Reprimand. It can also be used with a 15-6 when a CDR has violated the law to bury the Soldier’s career. It was used in this case (and others) to eliminate a whistleblower from the ranks and to protect the careers of higher ranking Officers. For more information on GOMORs click immediately below.
GOMORs: The Army’s Career-Killing Reprimand
What is a Relief for Cause? (coming soon!)
What is an Administrative Separation? (coming soon!)
Why do Commander’s choose Administrative Separation vs. UCMJ? (coming soon!)
Tucker Act Analysis (from case law and definitely coming soon!)
Pinocchio (much more coming soon!)
Inspector General Reforms are needed!!
- Its ‘Open Hunting Season’ on Military Whistleblowers! Congress neutered the MWPA Law in 2016 (NDAA 2017) and insulated Commanders from Reprisal scrutiny. (this is an excerpt with [see all highlights and especially page 2-2] additional commentary from the DODIG: Guide To Investigating Military Whistleblower Reprisal And Restriction Complaints (PDF download)
Contact your Congressmen; provide them the Proposed Executive Order below!
Find your Congressman with these links:
Find your Representative here: https://www.house.gov/representatives/find-your-representative
Find your Senator here: https://www.senate.gov/senators/senators-contact.htm
Send them below Proposed Executive Order to make the Military Inspector Generals fair and independent
Proposed Executive Order:
Organizations that help military whistleblowers
These groups are not affiliated with MWPA.army, but are shared for readers who need further assistance beyond our self-help resources.
