On September 30, 2025, Secretary of War Pete Hegseth announced a series of new directives aimed at strengthening military readiness and supporting U.S. warfighters as they train to fight and decisively win our nation’s battles. The new directives include changes to how the military handles allegations of discrimination and harassment within its ranks.
The recent changes were announced in a meeting with the nation’s most senior military officers during which Secretary Hegseth criticized “politically correct” policies that encouraged frivolous and anonymous complaints and placed service members in “legal limbo”, sidelining careers and detracting from mission accomplishment. Secretary of War Hegseth’s policies are sure to shake things up and provided greater protection against false and frivolous complaints.
Overview of the Secretary’s Reform Plan
On September 30, 2025, Secretary of War Pete Hegseth directed the Under Secretary of War for Personnel and Readiness (USW(P&R)) to “implement key reforms across the Department’s MEO and EEO programs to optimize organizational effectiveness, ensure readiness, and prevent abuse of process.” The directive was preceded by a comprehensive review of the Department of War’s MEO and EEO programs that occurred earlier this year.
Under the new directive, the Secretaries of the Military Departments are required to make changes regarding the handling of MEO/EEO complaints, the impact such complaints have on service members, and how commands can deal with false or frivolous complaints. At a minimum, the reforms must ensure that:
- Complaints are promptly (within 30 days) addressed and dismissed if they lack actionable, credible evidence;
- Favorable personnel actions such as awards, promotions, and retirements, involving alleged offenders are only withheld where a preliminary or subsequent investigation indicates that the complaint is likely to be substantiated; and
- Those who knowingly submit false complaints and repeatedly submit frivolous complaints are held accountable, pursuant to applicable laws and regulations.
Military Equal Opportunity (MEO) Reforms
While the MEO and EEO programs are important for preventing and responding to incidents of discrimination and harassment, there have long been concerns of the programs being weaponized to avoid accountability for poor performance or target unpopular leaders.
To combat these concerns, the reforms will replace the current anonymous reporting system with a confidential complaint reporting option to MEO Professionals. The new program will also provide mediation as a “first-line alternative” to filing a formal MEO Complaint. This is huge. Mediation will foster early conflict resolution and reduce the administrative burdens placed on service members and commands with lengthy investigations.
Under the new reforms, MEO complaints that lack sufficient merit to trigger an investigation will be systematically dismissed, and unsubstantiated complaints will be closed within 7 business days. To reinforce the integrity of the MEO complaint process, commanders will retain the right to prosecute false complainants for a violation of Article 107, UCMJ.
Equal Employment Opportunity (EEO) Reforms
Secretary Hegseth’s directive also implements a number of changes to the EEO program. This includes:
- Centralizing EEO Program Organization and Operations to ensure consistent application and timely resolution of complaints;
- Expediting Senior Official EEO Cases to avoid the indefinite suspension of careers for allegations affecting general/flag officers and senior executives;
- Centralizing EEO Investigations to increase oversight and standardize policy implementation;
- Dismissing EEO Complaints when the complainant fails to provide relevant information or documentation upon request; and
- Establishing Compliance Measures to Track EEO Reform Actions.
Defending Against MEO and EEO Complaints
While these changes are certainly a huge step in the right direction, the new reforms are not a guarantee to prevent false or frivolous MEO and EEO complaints.
Service members facing a complaint must understand that the decisions they make while under investigation—and what they choose to say or not say—will directly impact their likelihood for success. Here are three fundamental rights you can, and should, invoke:
Right to counsel. Service members suspected of violating the UCMJ, which includes alleged violations of military MEO and EEO policies, have the absolute right to consult with an attorney, military or civilian, before waiving their rights. It is crucial to consult with an attorney if you are suspected of an offense. Remember that no matter the specific legal circumstances you are facing, you are entitled to legal counsel and should utilize it.
Based on the circumstances of your case, an attorney may be able to identify a defense to the allegations. Some of the most common defenses include:
- False accusations or accusations with ulterior motives;
- Lack of evidence;
- Reasonable mistake of fact;
- Failure of due process;
- Alibi;
- Entrapment or coercion;
- Expired statute of limitations for prosecution; or
- Mistaken identity.
Right to remain silent. Service members have an absolute right to remain silent if questioned about a suspected UCMJ violation. Providing a statement to law enforcement almost never helps and may result in additional charges. If the statement you make is different from that of the alleged victim, you may be charged with making a false official statement or obstructing justice. “Cooperating” with law enforcement won’t prevent the military from taking adverse action against you–it just makes the government’s case stronger.
Right to refuse consent. There is also no obligation to consent to any search or seizure of your person or property. If investigators have probable cause to believe that there is evidence of a crime in a certain location, they must obtain an authorization from your commander before conducting a search. Absent probable cause, the only way law enforcement can search or seize your property is with your consent. Providing consent gives law enforcement the right to search your phone, vehicle, residence, or person for evidence which they intend to use against you. Don’t be fooled.
Protect Your Freedom and Your Military Future
When your military career, future, and freedom are on the line, you need an experienced law firm in your corner. The attorneys at MJA have decades of experience and have defended service members charged with some of the most serious offenses under the UCMJ, including allegations of discrimination and harassment. Contact one of our military defense lawyers today to learn more.
