Posted on Dec 7, 2017
Can you file an Article 138 complaint against your Commander for harrasment?
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Responses: 13
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Yes the full article states: Any member of the Armed Forces
who believes he/she has been wronged by his Commanding Officer and the Commanding Officer has refused
redress, may complain to any supervisor commissioned officer, who forwards the complaint to the officer exercising
general court-martial jurisdiction over the officer against whom it is made.
Before a military may submit an Article 138 complaint, he/she must request, in writing, that the CO address the
wrong.
There are other avenues if your CO has harassed you: Equal Opportunity, etc. Just depends on the type of harassment.
who believes he/she has been wronged by his Commanding Officer and the Commanding Officer has refused
redress, may complain to any supervisor commissioned officer, who forwards the complaint to the officer exercising
general court-martial jurisdiction over the officer against whom it is made.
Before a military may submit an Article 138 complaint, he/she must request, in writing, that the CO address the
wrong.
There are other avenues if your CO has harassed you: Equal Opportunity, etc. Just depends on the type of harassment.
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I'm a sailor, who do you consider your "commander"? Suggest having an informal talk to the command NCO. They can have an informal talk to the person one or two steps above your commander. This person may have previous negative history or other problems that only a few people know about. On the other hand, this person may be viewed as God Almighty. In which case, suggest learning to live with the harassment.
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SSG (Join to see)
It’s sad that live with the harrasment is an option I have soldier that i would never tell that to so I definitely wouldn’t consider that as an acceptable solution. The behavior is very capricious and demeaning it encourages unprofessionalism in the workplace and poses no positive example, quite toxic
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LTJG Richard Bruce
Most harassment is subjective from the "victim's" point of view. As a soccer referee, I always have a few players who complain throughout the game that others are pushing or being rough with them and why am I not calling fouls. Easy answer is soccer is a contact sport. If you don't want to get pushed or treated roughly, then get off the field and play another sport. What happens 95% of the time is not a foul. Same with harassment. 95+% of rough treatment in the military does not reach the level of harassment.
The military is a dangerous profession. I had to do things and tell others to do things that would probably be viewed as harassment in the civilian world. Also be privileged to work many years with federal law enforcement and some of the roughest characters on the waterfront. Harassment in these fields has a high standard to reach.
Without knowing the details of the poster's claim, no one here can judge validity of the charge.
The military is a dangerous profession. I had to do things and tell others to do things that would probably be viewed as harassment in the civilian world. Also be privileged to work many years with federal law enforcement and some of the roughest characters on the waterfront. Harassment in these fields has a high standard to reach.
Without knowing the details of the poster's claim, no one here can judge validity of the charge.
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