Are you a military service member considering blowing the whistle, but unsure of your rights and protections? The Military Whistleblower Protection Act of 1988 (MWPA) provides protection of lawful disclosures of illegal activity by members of the U.S. Armed Forces, and the superiors of these service members are prohibited from retaliating against any service member making the protected communications.

A new guide aims to provide service members with resources related to whistleblowing.

‘Truth-Telling’ in the Military

While the Department of Defense has announced tighter Inspector General (IG) screening procedures, the Government Accountability Office (GAO)’s new guide, Truth-Telling in the Military: A Guide to Whistleblowing for Service Members, explains how service members can lawfully report serious wrongdoing, such as violations of law, gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific dangers to public health or safety through protected channels under the Military Whistleblower Protection Act.

The guide’s release also comes as U.S. Defense Secretary Pete Hegseth is requiring the IG’s office to accelerate “credibility screens” of new complaints that could lead to complaints being dismissed earlier in the process.

The guide also reinforces that nondisclosure agreements and loyalty forms cannot lawfully override whistleblower protections, even as such tools are increasingly used across the Department of Defense. GAO officials say the release of this guide coincides with ongoing National Guard deployments that have prompted legal scrutiny over authority, rules of engagement, and accountability for misconduct. The guide provides practical strategies for documenting concerns, preserving evidence lawfully, and reducing exposure to retaliation.

Further, the guide addresses what the law protects on paper and some of the so-called “nuanced” protections in practice. The guide walks service members through the Inspector General complaint process, Board for Correction of Military Records procedures, and strategies for documenting concerns and preserving evidence lawfully.

Servicemen and women have different rights, reporting channels and obstacles to whistleblowing than others, “which is why providing them access to and information on their whistleblower rights is more important than ever,” the Government Accountability Office has stated.

Federal employment is subject to laws and regulations that differ significantly from those in the private sector; consulting with a federal employment lawyer can make all the difference. Tully Rinckey’s team of dedicated federal employment attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

 As a Managing Partner at Tully Rinckey PLLC, Anthony Kuhn focuses much of his time on the representation of military personnel and members of the intelligence community. He has extensive experience assisting clients in navigating matters involving security clearance suspensions and revocations, appeals to the Discharge Review Boards and Boards for Correction of Military Records, UCMJ violations and non-judicial punishment, appeals for service-connection before the Department of Veterans Affairs, rebuttals to GOMORs and QMP selection notifications and requests for Special Selection Boards. He also serves as the Chair of the National Security Lawyers Association.