Article 138 Complaints
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.
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"NOT GUILTY" NOT GUILTY
Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.
Drug Use
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"NOT GUILTY" Fort Cavazos, Texas
Fort Hood, Texas. Army Private Second Class (E-2) Acquitted of Rape and Sexual Assault Charges After Week-Long Trial.
Sexual Assault
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"NOT GUILTY" Parris Island, South Carolina
Parris Island, South Carolina. Marine Staff Sergeant (E-6) Acquitted at Court-Martial of Hazing, Blood Striping, and Pinning.
Court-Martial
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"NOT GUILTY" Kings Bay, Georgia
Kings Bay, Georgia. Master-at-Arms Third Class (E-4) Acquitted by Jury of Dereliction of Duty Involving Firearm.
Court-Martial
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"NOT GUILTY" Spangdahlem Air Base, Germany
Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.
Sexual Assault