Article 138 Complaints

Article 138 of the Uniform Code of Military Justice gives military members who believe they have been unfairly treated the right to seek redress.

Appropriate matters within the scope of Article 138 include:

• Violation of a law or regulation

• Acts beyond the commander's authority

• Arbitrary and capricious acts

• Abuse of discretion

• Acts that are clearly unfair or unjust

A commander is presumed to have acted properly, and the burden is on the member to prove that the act was in fact wrongful.

A member must file the complaint within 90 days of the alleged wrong. Within 30 days of receipt, the commander must respond to the complaint, either deferring, granting or denying. If appropriate, a commander may refer the matter to a more appropriate office for action.

If the commander denies the request for relief, or fails to timely respond, the member may seek review from a senior commander, who has 60 days to investigate and respond.

The service Secretary will conduct a final review of all formal Article 138 complaints.