Article 138, UCMJ Complaints

An Article 138 complaint, also known as a complaint of wrongs, is a mechanism for a military member to seek redress from a commanding officer for perceived wrongs. This process is governed by the Uniform Code of Military Justice (UCMJ) and allows a service member to file a complaint with a superior commissioned officer if they believe they have been wronged by their commanding officer. 

Understanding What Constitutes a Wrong

The scope of wrongs addressed under Article 138 is broad. Here’s a breakdown of common categories:

• Abuse of Authority:
  This occurs when a commanding officer uses their power for personal gain or in a way that violates regulations or undermines good order and discipline. Examples include assigning excessive duties for personal reasons, using derogatory language, or unfairly denying leave requests.
  
  
• Discrimination:
  Discrimination based on race, religion, gender, sexual orientation, or national origin is strictly prohibited in the military. If you believe you’ve been discriminated against in promotions, assignments, or disciplinary actions, you may have grounds for a complaint under Article 138.
  
  
• Retaliation:
  Taking negative action against a service member for filing a complaint, raising concerns, or exercising their legal rights is a serious offense. If you experience retaliation after filing a separate complaint or raising an issue within the chain of command, an Article 138 complaint can address this injustice.
  ​
• Violations of Regulations:
  Commanding officers are bound by specific regulations. If an order issued by your commanding officer violates established regulations or policies, you may file a complaint under Article 138.

Keys to a Proper Complaint

• Identification: Start by identifying yourself, your rank, and your unit.
  
  
• Subject: Clearly state the subject of the complaint, mentioning Article 138, UCMJ.
  
  
• Body: In the body of the complaint, provide a detailed narrative of the events leading up to your grievance. Be factual and objective, avoiding emotional language. Include specific dates, times, locations, and the names of any witnesses involved.
  
  
• Specific Wrongs: Clearly identify the specific actions or inactions by your commanding officer that you believe constitute a wrong under Article 138. Reference relevant regulations or policies that were violated, if applicable.
  
  
• Evidence: Attach any supporting evidence to bolster your claims. This could include emails, written documents, witness statements, or any other relevant material.
  
  
• Desired Outcome: Clearly articulate the desired outcome you seek from filing the complaint.
  
  

Submitting the ComplaintOnce the complaint is drafted and finalized, submit it to the appropriate authority within the chain of command. This will typically be the General Court-Martial Convening Authority (GCMCA) with oversight over your commanding officer.  Service regulations for each branch outline the specific submission process.

Generally, service members have 90 days from the date they discover the wrong to file a complaint. It’s important to note that the 30 days your commanding officer has to respond to your initial request for redress don’t count towards the 90-day window for filing the formal complaint.

Sample Format

MEMORANDUM THRU

FOR General...
 
SUBJECT:  Request for Redress under Article 138, UCMJ, LTC…
 

1. I respectfully request redress for the wrong detailed in this memorandum of complaint.  Specifically, I request that the Commander....take the following action...
   
   
2. Timeliness of Response.  I respectfully request that this request be expedited and that a response be returned by…. This request is submitted within 90 days.
   
   
3. Alleged Wrongs.
   
   
4. Factual Background. 
   
   
5. Discussion.
   
   
6. Requested Relief.  I request that the following actions be taken on my behalf.
   ​
   
7. POC for this memorandum is…

Army:
The Army defines a wrong 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— In violation of law or regulation. Beyond the legitimate authority of that commanding officer. Arbitrary, capricious, or an abuse of discretion. Materially unfair” (AR 27-10, Chapter 19).

AR 27-10

Navy and Marine Corps:
The Marine Corps and Navy define a wrong as “any act, omission, decision or order … taken, caused, or ratified by a respondent, pursuant to naval authority, that: Results in personal detriment, harm, or injury to a subordinate Service member; and Is a violation of law or regulation; unauthorized; arbitrary, capricious, or an abuse of discretion; or unjust” (JAGINST 5800.7G / Article 1150, Navy Regulations).

JAGINST 5800.7G

Article 1150 Navy Regulations

Air Force:
The Air Force defines a wrong as “A discretionary act or omission by a commander that adversely affects the petitioner personally and is: in violation of law or regulation; beyond the legitimate authority of that commander; arbitrary and capricious, or an abuse of authority; or clearly unfair or unjust” (AFI 51-505).

AFI 51-505

​Coast Guard:
The Coast Guard defines a wrong as “any act, omission, decision or order, except those excluded by Subsection 25.B.2., taken, caused, or ratified by a commanding officer, under color of that officer’s military authority, that: results in personal detriment, harm, or injury to a military subordinate; and is without statutory or regulatory basis, unauthorized, an abuse of discretion, arbitrary and capricious, unjust or discriminatory” (COMDTINST M5810.1H, Chapter 25).

COMDTINST M5810.H

Article 138, UCMJ