Article 138 Complaints

Name: Article 138 Complaints
Brand: Military Justice Attorneys
Rating: 5 (44 reviews)

When a commander’s actions feel unfair or unlawful, Article 138 of the UCMJ offers a formal path to challenge that wrongdoing, protect your career, and demand accountability without sacrificing your rights or future in uniform.

Understanding Article 138 of the UCMJ

Article 138 of the UCMJ, “Complaints of wrongs,” provides a means of redress to servicemembers who believe they have been wronged by their commanding officer. Commanders are prohibited from restricting the filing of Article 138 complaints or retaliating against a servicemember for submitting one. While each service has specific regulations governing submissions under Article 138, a “wrong” is generally understood as a discretionary act or omission by a commanding officer under color of federal military authority that adversely affects the complainant personally and is unlawful, beyond authority, arbitrary, abusive, or materially unfair.

Article 138 is a powerful tool for servicemembers to quickly raise an injustice to their commanding officers. Military Justice Attorneys has represented servicemembers for decades and understands how to effectively lodge an Article 138 Complaint. Call us today for your consultation.

What Is an Article 138 Complaint Under the UCMJ?

An Article 138 complaint is a formal mechanism that allows service members to seek redress for personal wrongs committed by their commanding officer. It is designed to preserve accountability within the chain of command while giving servicemembers a protected avenue to voice grievances.

This process promotes fairness, discipline, and trust in military operations. However, the complaint must involve a personal grievance and cannot be used to challenge disciplinary actions that fall under other UCMJ appeal processes.

Who Can File an Article 138 Complaint?

Any member of the armed forces who believes they have been personally wronged by their commanding officer, and who has been refused redress, may file an Article 138 complaint. The alleged wrong must directly affect the complainant and involve improper use of command authority.

Complaints cannot be filed on behalf of others or for generalized grievances. Additionally, the issue must not already be addressed through another administrative or disciplinary remedy, as Article 138 is intended for situations where other options are unavailable or inadequate.

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"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.
I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

"I would hire them again in a heartbeat."

Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF

What Are the Steps Involved in Filing an Article 138 Complaint?

The process begins with the servicemember formally requesting redress from the commander who committed the alleged wrong. This request is typically submitted in writing and must clearly describe the issue and the relief sought.

If the commander denies or fails to resolve the issue, the servicemember may file a formal Article 138 complaint through the chain of command to the general court-martial convening authority over the officer involved. The matter may then be investigated and reviewed.

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Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

Former Judge Advocate in the U.S. Marine Corps
Recognized Criminal Defense Attorney and Litigator
Represents Military Community in Complex Mass Torts

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

Former Military Prosecutor and Defense Counsel
Admitted to Practice in all Military Appellate Courts
Burton Award for Distinguished Legal Writing

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

Retired Marine Lieutenant Colonel
Served as Deputy SJA, Marine Forces Reserve
Deployed to Afghanistan in Support of OEF

Paul Murray

Partner

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

Former Major in the U.S. Marine Corps
Admitted to the Bar in South Carolina, Georgia, and Illinois

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

30+ Years of Trial Experience
Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

Retired Lieutenant Colonel in the U.S. Marine Corps
Master's in Jurisprudence in Labor & Employment Law

What Constitutes a Valid Article 138 Complaint?

A valid Article 138 complaint must involve a wrong committed by a commanding officer through an act, decision, or omission that is unjust, unlawful, or an abuse of discretion. The complaint must be personal and not merely a disagreement with command decisions.

Issues already subject to judicial review, such as court-martial findings or nonjudicial punishment appeals, are excluded. Complaints must also be filed within a reasonable timeframe, generally within 90 days of the alleged wrong.

Can an Article 138 Complaint Address UCMJ Punishment?

Article 138 complaints cannot be used to challenge disciplinary actions such as nonjudicial punishment or court-martial convictions. Those matters are governed by separate appeal and review processes under the UCMJ.

Instead, Article 138 is intended to address administrative or personal wrongs, such as abuses of authority or violations of law or regulation that fall outside formal disciplinary proceedings.

What Happens After an Article 138 Complaint Is Filed?

Once filed, the complaint is reviewed by a superior officer or a designated representative to determine whether it meets the legal requirements. If valid, an investigation may be initiated to gather evidence, interview witnesses, and assess the alleged wrongdoing. Based on the findings, corrective action may be ordered if the complaint is substantiated. The servicemember is informed of the outcome and any remedies implemented as a result of the review.

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NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

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Are There Risks in Filing an Article 138 Complaint?

Filing an Article 138 complaint can feel intimidating because it challenges command authority. However, retaliation or reprisal for filing a legitimate complaint is prohibited under military regulations.

If retaliation occurs, service members may report it through other channels, such as the Inspector General. While relationships within the chain of command may feel strained, the process exists to protect servicemember rights and enforce accountability.