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 a complaint.
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 that is: (1) In violation of law or regulation; (2) Beyond the legitimate authority of that commanding officer; (3) Arbitrary, capricious, or an abuse of discretion, or (4) 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 free consultation.