Does anyone have any experience with or knowledge of anyone who has filed an Article 138 UCMJ?

PFC Aarion Ojeda — Fri, 18 Nov 2016 12:10:34 -0500

I was wondering if anyone had or knows anyone who has filed an Article 138 Complaint of Wrongs that's covered under UCMJ against a Battalion level Commander or higher?

Response by Col Joseph Lenertz made Nov 18 at 2016 12:37 PM

Col Joseph Lenertz — Fri, 18 Nov 2016 12:37:21 -0500

It's good that you are asking the question here before moving forward. There are many outstanding SGMs and others who can offer great advice and mentoring for you. Please do your research and listen to the Senior NCOs on this. I would recommend 1. trying your chain of command and if necessary seek approval to jump chain to any point where you feel you can trust. 2. seeking advice here and within your post from senior NCOs. 3. If 1 and 2 fail, contact your IG and be ready to defend yourself with documentation and credible testimony.

Response by SGT Ben Keen made Nov 18 at 2016 12:43 PM

SGT Ben Keen — Fri, 18 Nov 2016 12:43:30 -0500

As Col Joseph Lenertz pointed out, documentation is key when going down this path. You will learn as you continue in the military that more weight is put on to have paperwork as you continue up the ranks and after. As a NCO, I carried a Leadersbook, as most do. I had everything within that folder not just for me but for my troops. It made getting things done from discipline to awards so much easier. Rather than scrambling to come up with bullets for their awards, I had it and thankfully due to the mentorship of senior NCOs who showed me how powerful a good Leadersbook could be I have carried that into civilian life. Today, I maintain a "LifeBook". Inside I keep things like my current lease, to my dog's paper work, children's report cards, military paperwork and other things that I find I'm asked for.

Whenever you are thinking of going down this road, you'll need that level of documentation because the last thing you want is to move forward without the proper background work which will result in setting yourself up for failure.

Response by SPC Paul Jennings, J.D. made Nov 18 at 2016 12:50 PM

SPC Paul Jennings, J.D. — Fri, 18 Nov 2016 12:50:47 -0500

A 138 complaint can be a useful tool, if done correctly and for the appropriate reasons. I would encourage you to review AR 27-10 Section 19 to familiarize yourself with the process.

Response by CSM Richard StCyr made Nov 18 at 2016 1:17 PM

CSM Richard StCyr — Fri, 18 Nov 2016 13:17:24 -0500

My recommendation would be to see the IG. Couple reasons I say that is:
1. While the UCMJ and manual for courts martial feels like an easy read; it isn't. Preface your concerns with "I believe" the Commander is doing x and think it's under 138. Here's the documentation that backs my belief. Let the IG figure out what article supports or doesn't support your perception.
2. The IG pathway gives you some cover from overt retribution if you're incorrect in your perception. I was always a chain of command guy, but in instances of perceived wrongdoing and potential UCMJ action against a field grade officer or higher in a command position is a sensitive issue and you need your ducks in a row. As a CSM if a Soldier brought an accusation against a Commander to me that would be my first phone call.

Response by MSgt Private RallyPoint Member made Nov 18 at 2016 1:39 PM

MSgt Private RallyPoint Member — Fri, 18 Nov 2016 13:39:55 -0500

Under Article 138 of the Uniform Code of Military Justice, any member of the armed forces who believes himself or herself wronged by his or her commanding officer may request redress. By requesting redress the wronged member of the military is asking that the “problem” be addressed and fixed. Army Regulations [1] define 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-

(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.
If the problem is not addressed and fixed by the commanding officer, a formal complaint (Article 138) can be made to a superior officer (higher in rank to the officer who is responsible for the problem). This will trigger an investigation into the problem by the court-martial convening authority over the commanding officer against which you brought the initial complaint. The investigator should, “examine the complaint and take proper measures for redressing the wrong complained of” [2] and should report their findings to the Secretary of the Army (or Navy, Air Force etc). Any retribution or reprisals for filing an Article 138 can be the basis for additional complaints.

Before you file an Article 138 Complaint:

The actual filing of an Article 138 complaint will go on the officer’s official military record and thus the actual filing is not something to be taken lightly. Even before you request redress, which always comes before you file an Article 138 complaint, consider orally conveying to your chain of command that you are contemplating submitting an appeal for redress in pursuit of an Article 138 complaint. One option for this is to use the open door policy to meet with your commanding officer. In a polite and formal tone you could suggest something similar to the following:

Sir/ma’am, I have been trying to resolve __________ and I know I’m being harmed by __________, and I am thinking of filing an Article 138. I know this is really serious, so I just wanted to speak with you first and see if we can’t work something out.

Before you file a request for redress or an Article 138, we suggest that you call the GI Rights Hotline at [login to see] .
http://girightshotline.org/en/military-knowledge-base/topic/grievances-article-138-complaints

Article 138 Complaints · GI Rights Hotline: Military Discharges and Military Counseling

If you are not satisfied with the discharge or characterization of service that you received from the military, you have the option of applying for an…

Response by SGM Erik Marquez made Nov 18 at 2016 1:42 PM

SGM Erik Marquez — Fri, 18 Nov 2016 13:42:47 -0500

Bottom line up front..
NO, never seen this art used

An Article 138 complaint is a formal complaint against a Commanding Officer (rank immaterial). 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 you can submit an Article 138 complaint, you must request, in writing, that the CO address the wrong. The CO must act upon this request for redress in a timely manner (not specified, so say 30 calendar days) and notify you in writing of the action taken.
The Article 138 complaint may address a large range of subjects but does not include issues like UCMJ, NCOER (OER) as those have specific methods and avenues of redress.

Response by SFC George Smith made Nov 18 at 2016 7:29 PM

SFC George Smith — Fri, 18 Nov 2016 19:29:00 -0500

I saw it once ...
The bastards circled the wagons and tried to crucify the Lt who filed the Charges... Until the Senators got involved... the bastard was relieved, Promoted and assigned to Ft Greeley Alaska....

Response by CPT Mark Gonzalez made Nov 19 at 2016 4:31 PM

CPT Mark Gonzalez — Sat, 19 Nov 2016 16:31:55 -0500

In my experience commanders make decisions that may severely upset their Soldiers, however it is rare that they are truly illegal or immoral. Maybe borderline, but those commanders also have lawyers as trial counsel whom they confer with. So it is possible they did something truly wrong as all people are fallible, but you should seek counsel and remember life isn't fair nor was it designed to be.

Response by LCDR Doug Nordman made Nov 24 at 2016 12:18 PM

LCDR Doug Nordman — Thu, 24 Nov 2016 12:18:31 -0500

Yup-- 15 years ago against an admiral. (Realistically it wasn't so much about the boss as it was the policies of the officers of whom the admiral was in charge.) It was the right thing to do, and it fixed the problems that needed fixing.

However after that was accomplished, the officer who initiated the Article 138 decided that their best personal option was leaving active duty for the Reserves.* The senior officers of that community didn't appreciate having the UCMJ applied as a tool to help them update their policies. The chain-of-command climate had been permanently poisoned by the environment that caused the 138 in the first place, and all of officer's personal & professional bridges of reconciliation had been reduced to smoldering rubble.

In general, when you file an Article then 138 the military has a chance to improve their processes and policies. However if you have to file a 138 to accomplish that then everyone loses. You have to try every other approach (including consulting with a JAG or chaplain and perhaps even an IG complaint or a Congressional inquiry) before resorting to the scorched-earth tactic of the 138.

* Their quality of life immediately became awesome. 15 years later, they realized they should have made that choice 20 years ago.

Response by COL John Hudson made Feb 25 at 2017 6:10 AM

COL John Hudson — Sat, 25 Feb 2017 06:10:24 -0500

From the IG Desk: "ART. 138 of the UCMJ: Complaints of Wrongs" is a powerful tool in addressing and correcting a 'wrong.' It is NOT to be taken lightly, or used as 'pushing all the buttons' to stir up support for a perceived local issue. I counsel that it should be considered only as a last resort, after other more common (and successful) avenues have been attempted. If in doubt, make an appointment to see your local IG for assistance. It's always best to attempt resolution of any problem "At the lowest level possible" before contemplating use of a tool such as Article 138 UCMJ. Why? Because this action may become a permanent part of a senior leader's record through no fault of their own.

Consider: "Any member of the armed forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall foreword the complaint to the office exercising court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send to the Secretary concerned a true statement of that complaint, with the proceedings thereon."

That "Secretary" is the Secretary of your Service, such as "Secretary of the Army" or another branch. Ensure your issue is worthy of such lofty attention before you invoke Article 138.

The following URL link offers a good explanation: "http://girightshotline.org/en/military-knowledge-base/topic/grievances-article-138-complaints"

Response by SSG Private RallyPoint Member made Apr 19 at 2017 1:03 PM

SSG Private RallyPoint Member — Wed, 19 Apr 2017 13:03:47 -0400

I concur with CSM StCyr's advice. If you try to pursue this on your own, you had better have an airtight case. It is better to present your concerns to the IG. If your gripe is legit, an IG complaint will bring you legitimate relief while giving you the necessary protections that should be afforded.

Response by CH (LTC) Robert Leroe made Apr 19 at 2017 5:30 PM

CH (LTC) Robert Leroe — Wed, 19 Apr 2017 17:30:18 -0400

Always consisted the negative ramifications of a successful complaint.

Response by SSgt William Schooley made Apr 19 at 2017 5:52 PM

SSgt William Schooley — Wed, 19 Apr 2017 17:52:06 -0400

I had occasion to file an Article 138 complaint, I will spare you the details. As Col Lenertz stated I informed the chain of command up to the Group level. The Group Commander took care of it from there It was against my Squadron Commander. The Squadron Commander was not promoted to O-6 and retired soon afterward. Use your chain of command believe it or not they are there to help you.

Response by SPC Monte Calderon made Apr 19 at 2017 6:13 PM

SPC Monte Calderon — Wed, 19 Apr 2017 18:13:01 -0400

In any case make damn sure you have some firepower in your corner. I was lucky enough that my flight to AIT was the same flight that the former commander of 3/69 armor was on. 3/69 was yhe spearhead into Baghdad airport. I met him and he gave me lots of advice and is one of the shining examples of how an 06 should be. Hes kept up with my career and i talk with him from timeto time.

Response by PFC Private RallyPoint Member made Apr 19 at 2017 7:40 PM

PFC Private RallyPoint Member — Wed, 19 Apr 2017 19:40:52 -0400

I have file one against my company commander

Response by MSgt Jason McClish made Apr 19 at 2017 7:51 PM

MSgt Jason McClish — Wed, 19 Apr 2017 19:51:17 -0400

Very interesting thread here. Maybe I skipped over it, but there is a statute of limitations. I'm fairly certain a member cannot bring an Article 138 "hearing" 5 years or whatever after the incident in question occurred. Can anyone shed light on this?

Response by MAJ Luca Luca made Apr 19 at 2017 11:21 PM

MAJ Luca Luca — Wed, 19 Apr 2017 23:21:11 -0400

Seek guidance from your NCO leadership, they should be looking out for you and helping you navigate through this. You don't want pull the pin on a dud grenade. Research, prepare, support your side and give cause when you approach your support chain for advice as well. Do your part, show initiative and there should be more drive of support. Keep the IG in mind, always CYA.

Response by SSG Chris McKee made Apr 20 at 2017 9:46 AM

SSG Chris McKee — Thu, 20 Apr 2017 09:46:23 -0400

Private,
Even if you're correct in your assessment, and in the filing of paperwork, you're going to be in a world of hurt because you did not allow the chain of command a chance to fix the problem. Don't be that guy. Listen to the senior NCOs and officers here. You're way out of your lane. Unless you're by chance an attorney, there's not a scenario where this is going to end well for you even if the subject of your complaint is disciplined.

Response by SFC John Newton made Apr 20 at 2017 9:52 AM

SFC John Newton — Thu, 20 Apr 2017 09:52:06 -0400

As everyone said here it is not to be taken lightly. I successfully used Art. 138 for something that was obviously illegal and immoral. There is a very very specific procedure that must be followed. Of course I tried the chain of command first to no avail so the Art. 138 was my only route. Be mindful and talk to legal assistance for advice as well before you do something.

Response by SPC Crystal Aguirre made Apr 20 at 2017 12:11 PM

SPC Crystal Aguirre — Thu, 20 Apr 2017 12:11:37 -0400

I have NOT used this against a BC, but i have used this article against my former commander. I would highly suggest you have dates, times, etc. that support your grievances prior to utilizing this resource. After requesting redress (remember that you have to give the command a reasonable amount of time to fix the situation), if the matter is not resolved to your satisfaction you can choose to go past your commander to the next person on the chain and it will continue to go all the way up the chain until it hits the desk of the Secretary of the Army (in reality, one of his many peons). You will receive a letter from that person sometime later to see how they weighed in on your complaint. Once you decide to go past the lowest level and further the complaint up the chain you cannot stop the process. It will go all the way up whether the matter gets resolved to your satisfaction or not.

Response by PVT John Williams made Apr 20 at 2017 12:56 PM

PVT John Williams — Thu, 20 Apr 2017 12:56:50 -0400

Yep. Got held up on promo list for year.

Response by SSG Jane Doe made Apr 20 at 2017 1:47 PM

SSG Jane Doe — Thu, 20 Apr 2017 13:47:54 -0400

I filed one as an E4 and my request for redress was granted after many months of hazing and harassment. I caution you not to take this road lightly. My case was valid and involved high ranking officers covering a crime that affected innocent military spouses who were contractors. I will say though that despite my redress being granted after many months of IG investigations that went all the way to the DOD IG it was still swept under the carpet. The senior officer most responsible was simply given a written reprimand which I found out through a FOIA request. He was later promoted to O6 so clearly that reprimand did not have a big affect on his career. Don't file an article 138 for something petty and try other avenues first like IG.

Response by MCPO Private RallyPoint Member made Apr 20 at 2017 3:08 PM

MCPO Private RallyPoint Member — Thu, 20 Apr 2017 15:08:34 -0400

I have personally filed on Art. 138 on a 2-star because of and unjustified and unsubstantiated performance evaluation. It worked out great for me and the evaluation was purged from my record. Factual documentation is key and also ensuring that you take all emotion out of your complaint.

Response by Cpl Elijah Gordon made Apr 20 at 2017 4:28 PM

Cpl Elijah Gordon — Thu, 20 Apr 2017 16:28:58 -0400

I saw this like requesting mast?

Response by MAJ Private RallyPoint Member made Apr 20 at 2017 8:33 PM

MAJ Private RallyPoint Member — Thu, 20 Apr 2017 20:33:12 -0400

I would SERIOUSLY ensure that you have addressed whatever the issue is, with ALL levels of the food chain. Regardless of whether they helped or not.
CSM below is on the money. Make 150% sure you have shit to back it up with, preferably documented in paper, EMs or individuals of good standing that will vouch on sworn statements if required. Otherwise, it may come across as quibble or a " he doesn't like me" type situation. Don't do that.
The IG should be your last resort.
I assume you have already addressed this with your CO 1SGT, PLT LDR, the CO and the BN SGM, right ?

Response by COL Private RallyPoint Member made Apr 21 at 2017 9:12 AM

COL Private RallyPoint Member — Fri, 21 Apr 2017 09:12:40 -0400

The previous respondents are correct. Filing an IG complaint is the way to go. However, the IG is not a panacea. All parties are investigated as part of an IG complaint. The investigation can result in charges against the person filing the complaint. Finally, remember that the IG is in place to support the command. About 90% of IG complaints end in favor of the command. Do what you think is correct, but be mindful these factors.

Response by SGT John C. made Apr 21 at 2017 9:37 AM

SGT John C. — Fri, 21 Apr 2017 09:37:31 -0400

I'd venture to say that most everyone of these responses are words of wisdom and I'd take many of them to heart. The 2 I'd keep closer though would be the one by COL John Hudson who has IG experience and those comments that question why a PV2 would seek to use such a powerful tool like AR-138. Unless this grievance is a multiple time offense and you are not the only soldier involved I'd recommend taking a different approach to resolve the issue. If all else fails, or has failed already, then and only then would I recommend going with AR-138.

Response by SFC Private RallyPoint Member made Apr 21 at 2017 10:11 AM

SFC Private RallyPoint Member — Fri, 21 Apr 2017 10:11:56 -0400

When it comes to anything having to do with going head to head with the COC, you better have a lot of time to invest in research. You can forget about your unit JAG office because they will tell you "I work for the best interest of the Commander" so they are useless. That's the other thing, the Commander has a JAG office all to themselves who can work on his defense ALL DAY LONG, you don't have that. All u have is Trial Defense Services and that's probably a CPT or LT that doesn't have a lot of experience. IG is a good approach but, after they investigate, the Command is going to know immediately why and who it's coming from. 15-6 investigations need some serious revisions as well. I say this because most of the time, the investigating officer is a new guy that still has to prove themselves to the Command. They are picked that way on purpose because the investigating officers recommendations could and will have an impact on the career path the Commander chooses for the individual AFTER the 15-6 is complete. I've personally witnessed a Brigade Commander O6, have a 15-6 packet returned 3 times to an investigating officers because he didn't have certain verbage in the investigation so the Commander could read an article 15 to the Soldier being investigated. Granted the investigating officers can go to IG as well BUT as mentioned before, his career will take a nose dive once the investigation is complete. The other problem with IG, is they want to have sworn statements...Good luck trying to find anyone with rank that will put their name on a piece of paper acknowledging that the Commander was wrong. They have their careers to worry about too. This course of action you are considering will work if you have all your ducks in a row, IN A TIGHT ROW but, you will probably be all alone. Don't look for too much support from people in your unit, IG and a lawyer will be your best bet.

Response by Sgt David King made Apr 21 at 2017 1:40 PM

Sgt David King — Fri, 21 Apr 2017 13:40:29 -0400

yerp

Response by SMSgt Allan Pochop made Apr 21 at 2017 5:15 PM

SMSgt Allan Pochop — Fri, 21 Apr 2017 17:15:54 -0400

One has to understand the blind scales of justice, per the UCMJ. One pan of the scales is reserved for EM's and Jr.Officers......the other pan is for Officers 0-6 and above.
Let us review a couple of Air Force cases a few years back on the UCMJ that tried Gen. Fiscus, JAG- USAF, on Article 92, unprofessional relationships (10 years), conduct unbecoming and officer, fraternization and obstruction of justice.
Punishment-Article 15, reduced to colonel and received a reprimand, drawing full retirement pay.
SSgt. Jones, Unprofessional relationship, (two months), violating a no-contact order.
Punishment-Special Court Martial, reduced to Senior Airman, received a reprimand and fined $1,000.
What say the scales of Justice?

Response by SPC Private RallyPoint Member made Apr 21 at 2017 5:56 PM

SPC Private RallyPoint Member — Fri, 21 Apr 2017 17:56:48 -0400

So the complaint itself can be easily filed and

Response by CPT Private RallyPoint Member made Apr 21 at 2017 6:43 PM

CPT Private RallyPoint Member — Fri, 21 Apr 2017 18:43:09 -0400

While providing legal assistance as a mobilized Army Reserve JAG, I assisted an O-6 in filing one against a GO. Client confidentiality (and common sense) prevent from detailing it here. Similarly, I am not going to provide legal advice. The COL ultimately prevailed, but it was a long ugly process. The convening authority became the CAR shorty thereafter. As for me, although I cannot prove it, I believe it's a primary reason reason I was passed over for MAJ. I was prior enlisted and so just opted to retire a few years later.

In addition to consulting the IG, I make an appointment with legal assistance. There may be other options. If possible, see if you can get a JAG from outside the chain.

Response by TSgt Bryan Lebaige made Apr 21 at 2017 10:55 PM

TSgt Bryan Lebaige — Fri, 21 Apr 2017 22:55:51 -0400

Kind of disappointing to hear the amount of fear that exists for filling a complaint. If you're afraid of command reprisal... you probably have a reason to file a complaint.

Don't be afraid of speaking out or jumping the "chain of command" when the problem is your command.

Response by SGT Private RallyPoint Member made Apr 21 at 2017 10:59 PM

SGT Private RallyPoint Member — Fri, 21 Apr 2017 22:59:48 -0400

My old PLT SGT file one against the COG(commanding officer of garrison).
Nothing was seem up front in the public. But the COG Was denied his star that year for the blemish on his record. He address my PLT after a few month and apologized for the incident.
So there is hope if you have the right documenation.

Response by MAJ(P) Private RallyPoint Member made Apr 22 at 2017 7:47 AM

MAJ(P) Private RallyPoint Member — Sat, 22 Apr 2017 07:47:17 -0400

Here is something that I was taught by my division SJA. Even if you were not being charged with something, you can always talk to trial defense service. That is your equivalent of a public defender. Everything you say To that person has legal immunity ( attorney-client privilege). So you can say anything at all to trial counsel and get essentially free legal advice without having account against you. If you talk to the IG or SJA, they represent the commander, not you so they are obligated to speak to the commander about anything that you said. You DO NOT have attorney-client privilege with any of those people.

Response by SSgt William Mavis made Apr 22 at 2017 3:40 PM

SSgt William Mavis — Sat, 22 Apr 2017 15:40:10 -0400

actually did this,even though i proved my case,i was sent to the brig for 7 days,because a guy in my toolroom lost a flashlight for an hr,i was not,the supervisor,if you feel you must,hire a civilian or you ll get screwed

Response by TSgt Johnnie Keller made Apr 22 at 2017 6:24 PM

TSgt Johnnie Keller — Sat, 22 Apr 2017 18:24:44 -0400

Had an issue with a senior NCO once who was using his position and connections to ruin people. The IG heard me out, and once his name was brought up I was told that my complaints were on record and it wasn't the only complaint. The NCO was relieved by the end of the day and told to retire. Here is the deal, I am a chain of command guy, but when you can't use it and you know (beyond of shadow of doubt) that you have to "goods" on someone then go to the IG. It's your protection and they are experts.

Response by SGT Ryan Haggerty made Apr 23 at 2017 1:45 PM

SGT Ryan Haggerty — Sun, 23 Apr 2017 13:45:01 -0400

As a PV2 you should probably just keep your mouth shut and focus on maxing you PT and qualifying with your weapon.

Response by MAJ Private RallyPoint Member made Jun 8 at 2017 11:27 PM

MAJ Private RallyPoint Member — Thu, 08 Jun 2017 23:27:55 -0400

If you are considering filing an article 138, you may certainly go speak over the subject with the TDS staff on the matter. You are entitled to assistance in filing one. You are allowed to also speak with the IG as others have recommended to at least get some point of view or advice on the matter. There's the issue of timeliness and giving your commander notice and opportunity to correct the action.

Response by MSG Keith Folger made Jun 22 at 2017 10:52 AM

MSG Keith Folger — Thu, 22 Jun 2017 10:52:55 -0400

Ive invoked it. I won the battle and lost the war, but was comforted later finding out the SGM was a drunken wife beater and the CO covered it up. He was gone after a year and they pretty much left me alone after that. I can tell you I ended up with a relief for cause and an intimate knowledge of the appeals process. The command does not have to follow regulations in that aspect as the IG told me there is a specific redress for evals. You have no right to be counseled in a timely manner and if you piss off the CO you will have an inflammatory paper trail started against you. Know this: once you hit 17 years, you can come to work and put your feet on the desk just dont get insubordinate. You can't be kicked out of the Army for alleged incompetence.

Response by MAJ Private RallyPoint Member made Jun 22 at 2017 12:34 PM

MAJ Private RallyPoint Member — Thu, 22 Jun 2017 12:34:46 -0400

Theres a form to request legal assistance from tds. Fill it out and go over what you have with the tds counsel. Let them advise you on the best course of action. Show them your evidence.

Response by LT Terry Lober made Oct 20 at 2017 8:02 PM

LT Terry Lober — Fri, 20 Oct 2017 20:02:48 -0400

Yes, soldiers at the USDB, Ft Leavenworth, KS, while serving their prison sentences that had not yet been discharged, are still subject to the UCMJ. Some would use that article to harass the CO, of the DB and the CO of Ft. Leavenworth.
Fixed that by handing them their DD and BCD's and then marching them next door to the US Federal Penitentiary to serve the balance of their sentence.

Response by LT Terry Lober made Oct 20 at 2017 8:06 PM

LT Terry Lober — Fri, 20 Oct 2017 20:06:23 -0400

Which IG? The local command OF or the seperate Army wide IG? Go see a seasoned JAG officer first.

Response by LT Terry Lober made Aug 2 at 2018 5:34 PM

LT Terry Lober — Thu, 02 Aug 2018 17:34:41 -0400

The Senior Officer ,OIC or CO usually passes them on to the IG. That is when you find out there are two ( 2) types of IG. One working for the CO, and the other , outside the immediate chain of command, and that office can do some good. The "local" IG gets his or her OER written by the CO or OIC that IG works for. What do you think happens to "in house" IG investigations? They are reported back to the same chain of command you just filed your Art 138 with. You need to report Art 138 to the IG outside of the Command.

Response by Lt Col Private RallyPoint Member made Nov 14 at 2018 8:15 PM

Lt Col Private RallyPoint Member — Wed, 14 Nov 2018 20:15:48 -0500

Older posting, but perhaps someone can still answer: What are the required elements of proof for an actionable 138 complaint? By this, I am referencing such things as: Does intent of wrongdoing have to be proven? Does there have to be a showing of material harm on behalf of the plaintiff? With whom does the burden of proof lie? Is it "beyond reasonable doubt?" More likely than not? Any input would be appreciated.

Response by Lt Col Private RallyPoint Member made Nov 14 at 2018 8:18 PM

Lt Col Private RallyPoint Member — Wed, 14 Nov 2018 20:18:29 -0500

Older post, but perhaps someone may still be able to answer. What are the legal elements required to substantiate an article 138 action? Would a member have to prove intent? Malfeasance? Material harm? Who has the burden of proof? What is the standard - beyond reasonable doubt or more likely than not? Any information would be appreciated.