Utilizing UCMJ Article 138

[DNBUT25]

What is the name of your state? Texas

Anyone who could walk me through this process would be of great assistance. This is a follow-up to a "Military Law" posting of Commanders refusal to properly investigate a formal EO complaint (posted 20 July 04). I am all out of options and the command is clearly not in compliance with AR 600-20, chapter 6, appendix E and will not comment on why I am not being afforded due process in accordinance with Army Command Policy. The Commander surely does not have the authority to dismiss the procedures laid out in AR 600-20 in regard to this matter. All out of options short of the media.

 

[badapple40]

I think I read somewhere that you are in the Army. If that is not the case, let me know, because specific procedures vary between the services. An Article 138 Complaint should not be made lightly. I caution you from using this unless it truly is a last resort and you have no other options.

Within 90 days of the alleged wrong, you must submit your complaint in writing, along with supporting evidence, to the commander alleged to have committed the wrong. Yes, you read that correctly, it goes to the same commander you are complaining about.

There is no specific written format for an Article 138 complaint, but it should be in normal military letter format, e.g. put it in typical MFR format, and it should clearly state that it is a complaint under the provsions of Article 138 of the Uniform Code of Military Justice.

The commander receiving the complaint must promptly notify you in writing whether the demand for redress is granted or denied.

The reply must state the basis for denying the requested relief.

The commander may consider additional evidence and must attach a copy of the additional evidence to the file.

If the commander refuses to grant the requested relief, you then submit it to his/her commander, requesting that they submit the materials to the General Court Martial Convening Authority, in accordance with regulations.

Your commander may attach additional pertinent documentary evidence and comment on availability of witnesses or evidence, but may not comment on the merits of the complaint.