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https://girightshotline.org/en/military-knowledge-base/topic/grievances-article-138-complaints
Article 138 Complaints. ... The actual filing of an Article 138 complaint will go on the officer’s official military record and thus the actual filing is not something to be taken lightly. Even before you request redress, which always comes before you file an Article 138 complaint, consider orally conveying to your chain of command that you ...
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://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
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://nlgmltf.org/programs-and-services/military-law-library/memos/article-138/
A complaint under Article 138 can address a broad range of wrongs within a command. There need not be direct violation of a military regulation or law. And while the commanding officer is the one against whom the complaint is brought, the actual wrong may be his or her failure to control subordinates or redress a wrong committed by personnel ...
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://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://www.militarylaws.net/article-138-complaints-under-the-ucmj/
The Article 138 complaint is one of the least known methods of complaint, and yet one of the most effective. If you believe you have been wronged in a manner that falls under the article’s provisions, sometimes just the mere mention of filing an Article 138 complaint is enough to …
https://www.afjag.af.mil/LinkClick.aspx?fileticket=nEQo2bvpqOI%3d&portalid=77
ARTICLE 138, UCMJ, COMPLAINT . Administrative Discharge Board – Timing of Unconditional Waiver Submission . I have reviewed the complaint submitted by the c omplainant, pursuant to AFI 51 -904, Complaints of Wrongs Under Article 138, Uniform Code of Military Justice (UCMJ), 28 July 2015, and find that NAF/CC’s denial of relief is legally sufficient.
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.militarylaws.net/filing-an-article-138-complaint/
Article 138. You have certain rights as a service member, and of these rights is filing an Article 138 complaint. According to the Uniform Code of Military Justice (UCMJ), if you feel as though you were wronged by a commanding officer, you can file an Article 138 complaint to …
https://mattbarrylaw.com/2019/11/25/article-138-complaint/
Nov 25, 2019 · However, Servicemembers should still be careful before filing an Article 138 complaint. Sometimes it can result in unwanted negative attention. A Servicemember should consult with a military attorney before filing either a request for redress or an Article 138 complaint. This article was written by Attorney Matthew Barry.
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://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.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://sill-www.army.mil/usag/Jag/_docs/LAOInfoPapers/MI/Art%20138%20Complaints.pdf
Article 138, Uniform Code of Military Justice, provides that any member of the armed forces who believes himself wronged by his commander , and refused redress, may make a complaint to any
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.avvo.com/legal-guides/ugc/ucmj-article-138-complaints-in-the-air-force
Oct 02, 2017 · UCMJ Article 138 Complaints in the Air Force. ... NOTE: if the Art 138 complaint is sent to the GCMCA through an intermediate headquarters commander, that commander must forward the complaint to the GCMCA without delay. The intermediate commander may not comment on the merits of the complaint. However, the intermediate commander can provide ...
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