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https://www.thebalancecareers.com/article-138-complaint-ucmj-3332814
Jan 13, 2019 · Under Article 138 of the UCMJ, "any member of the armed forces who believes himself (or herself) wronged by his (or her) commanding officer" may request redress. If such redress is refused, a complaint may be made, and a superior officer must "examine into the complaint."
https://www.benning.army.mil/mcoe/SJA/content/pdf/Article%20138.pdf
ARTICLE 138 COMPLAINTS FACT SHEET An Article 138 Complaint is a grievance procedure for Soldiers to request redress for alleged wrongs committed by their commanding officer. If redress is denied, Soldiers file a formal complaint against the commanding officer. The officer exercising
http://www.public.navy.mil/surfor/cnspig/Documents/Article_138_Complaint_of_Wrongs_Against_the_Commanding_Officer.pdf
Article 138 Complaint of Wrongs Against the Commanding Officer What is a 138 complaint? An Article 138 complaint is a formal complaint against a Commanding Officer. Any member of the Armed Forces who believes he/she has been wronged by his Commanding Officer and …
https://girightshotline.org/en/military-knowledge-base/topic/grievances-article-138-complaints
Before you file a request for redress or an Article 138, we suggest that you call the GI Rights Hotline at 877-447-4487. Making an Article 138 Complaint . An Article 138 complaint has two stages: 1. A request for redress in the form of a letter.
https://nlgmltf.org/programs-and-services/military-law-library/memos/article-138/
Complaints under Article 138 of the UCMJ are among the most powerful means of redress available to servicemembers; they tend to be taken more seriously by commands than other forms of complaint, since they must be reported to service headquarters, and they give servicemembers making the complaint considerable control over the processing of the complaint.
https://www.justanswer.com/military-law/2gt04-planning-prepare-article-138-complaint-does-anyone.html
Aug 26, 2009 · I am planning to prepare an Article 138 Complaint. Does anyone has a sample of the letter? - Answered by a verified Military Lawyer
https://girightshotline.org/en/military-counseling-news-updates/what-your-command-doesn-t-want-you-to-know-about-article-138-complaints
May 15, 2012 · That complaint will be forwarded to the general court-martial convening authority, who will make an investigation and submit a report to headquarters. Both memos should reference Article 138 UCMJ so that the recipient knows what authority you are invoking to bypass the normal chain of command to address the CO directly.
https://airforcemomsbmt.org/Article138.htm
That complaint will be forwarded to the general court-martial convening authority, who will make an investigation and submit a report to headquarters. Both memos should reference Article 138 UCMJ so that the recipient knows what authority you are invoking to bypass the normal chain of command to address the CO directly.
https://www.militarydefense.com/UCMJ-Administrative/Article-138-Complaints.shtml
An Article 138 complaint can be a very powerful remedy for a service member. A service member considering making an Article 138 complaint must exercise care to ensure that Article 138 is the appropriate procedure to use, that more appropriate avenues of redress are not available, that his or her complaint, is valid, and that it is, where ...
https://chmorgan2d.wordpress.com/2014/02/28/the-article-138-complaint/
Feb 28, 2014 · When the Commander Errs: The Article 138 Complaint Last month we talked about the disparity between the integrity expected of governmental figures and bureaucrats and the integrity demanded of the uniformed service on pain of punitive UCMJ action. This month I’d like to draw the curtain back on a little used and even…
https://blackweirlaw.com/blog/2018/2/19/article-138-ucmj-and-the-national-guard
Feb 19, 2018 · Article 138 of the Uniform Code of Military Justice provides members of the Armed Forces a way to file a complaint with their commander. If the commander does not resolve the complaint, he is required to elevate it to a general officer further up in his chain of command.
https://www.law.cornell.edu/uscode/text/10/938
Any member of the armed forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made.
https://www.mcrdsd.marines.mil/Portals/3/Documents/MISC-DOCS/Inspector_General/Complaints_of_Wrongs_against_CO.pdf
An Article 138 complaint is a formal complaint against a Commanding Officer. Any member of the Armed Forces who believes he/she has been wronged by his Commanding Officer and the Commanding Officer has refused redress, may complain to any supervisor commissioned officer, who …
https://militaryadvocate.com/article-138-congressional-complaints/
Attorney Richard V. Stevens represents and defends military commanders against whom an Article 138 complaint has been filed, and also represents military members who seek to file an Article 138 complaint against a commander. Congressional complaints are also an option for a military member who feels wronged within the military.
https://www.thefreelibrary.com/Clarifying+the+article+138+complaint+process.-a0181302235
Apr 01, 2008 · (25) The JA reviewing an Article 138 complaint must be careful, however, to ensure that a matter is truly inappropriate as an Article 138 submission. For example, an Article 138 complaint relating to the imposition of nonjudicial punishment is inappropriate for review but a complaint concerning the vacation of suspended nonjudicial punishment ...
https://www.bragg.army.mil/application/files/4115/3624/2872/Article_138_Complaints.pdf
Article 138 complaint. An Article 138 complaint must be in writing, signed by you, and contain the following information: (1) Statement that you are a member of the Armed Forces on active duty (or a reservist on inactive duty for training and subject to the UCMJ), (2) …
https://www.afjag.af.mil/LinkClick.aspx?fileticket=_oPY1pusnt4%3d&portalid=77
Since the Article 138 complaint-resolution process is administrative in nature, the standard of proof that applies is proof by a preponderance of the evidence. AFI 51904, paragraph 1.2.6. - Furthermore, the Petitioner has the burden of persuasion, and the evidence provided must establish a valid basis for a complaint. AFI 51-904, paragraph 2.4.
https://www.reddit.com/r/navy/comments/aa08sg/article_138_examples/
Dec 27, 2018 · For the Navy and Marine Corps, the provisions for Article 138 are contained in JAGMAN, Chapter 3. Section 0303.f defines a wrong as: Any act, omission, decision or order, except those excluded by subsection 0304 [covering acts not the subject of Art. 138 complaint], taken, caused, or ratified by a “commanding officer,” under color of that officer’s military authority that:
https://www.armycourtmartialdefense.com/2011/01/article-138-complaint-2.html
On Wednesday January 19, 2011, the defense filed an Article 138 complaint with the Quantico base commander, Colonel Daniel Choike. The Article 138 complaint is a complaint filed under the Uniform Code of Military Justice to address a perceived wrong against a soldier by his command.
https://www.court-martial.com/complaining-ucmj.html
The services do not allow an Article 138, UCMJ, complaint for actions related or connected to a UCMJ action. That is because there are other built in means to review and appeal wrongful actions. I do not recommend contacting the congressional representatives or the IG. So why do I say that.5/5
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