32.1132a Retaliation; punishment; definitions.
252 words·~1 min read·
/mi/chapter-32/32-1132aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
32.1132a Retaliation; punishment; definitions.
Sec. 132a.
(1)An individual subject to this code must be punished as a court-martial directs if, with the intent to retaliate against another individual for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage another individual from reporting a criminal offense or making or planning to make a protected communication, the individual subject to this code does either of the following:
(a)Wrongfully takes or threatens to take an adverse personnel action against another individual.
(b)Wrongfully withholds or threatens to withhold a favorable personnel action with respect to another individual.
(2)As used in this section:
(a)"Covered individual or organization" means a recipient of a communication specified in 10 USC 1034(b)(1)(B)(i) to (v).
(b)"Inspector general" means that term as defined in 10 USC 1034(j).
(c)"Protected communication" means either of the following:
(i)A lawful communication to a member of Congress or an inspector general.
(ii)A communication to a covered individual or organization in which a member of the military complains of or discloses information that the member reasonably believes constitutes evidence of either of the following:
(A)A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination.
(B)Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
History: Add. 2024, Act 77 , Imd. Eff. July 8, 2024