Posted on Nov 18, 2016
PFC Aarion Ojeda
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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?
Posted in these groups: Ucmj UCMJ
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Responses: 46
CSM Richard StCyr
125
125
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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.
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CPT Engineer Officer
CPT (Join to see)
7 y
I agree 100% CSM.
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MSgt Health Services Management
MSgt (Join to see)
7 y
Same in USAF. You can also talk to JAG.
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LTC Loyd G.
LTC Loyd G.
7 y
I would recommend using the chain of command open door policy first, then the IG. My guess is this PV2 is being "advised" to file a complaint. The issue may be taking place without the CofC knowledge, therefore I recommend the most informal approach first
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LTC Shane Fite
LTC Shane Fite
7 y
LTC Loyd G. - or at the very least NCO chain and at least get the advice of a PSG, 1SG, or CSM.
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Col Joseph Lenertz
43
43
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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.
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PO2 Jeffery Reiser
PO2 Jeffery Reiser
7 y
Document document document because if you don't document an incident then it never happened. Good advice from the Colonel.
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1stSgt Mike Patrick
1stSgt Mike Patrick
7 y
Key words from the Col...."defend yourself with documentation and CREDIBLE testimony".
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Sgt Eric Proskey
Sgt Eric Proskey
7 y
Its a sad point in life when there are those above and beside where trusting them to do the right thing is an issue.
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SGT Ben Keen
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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.
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PVT Corey Shelman
PVT Corey Shelman
7 y
Wish I was told about the importance of keeping all your paperwork from your enlistment papers to medical, dental records to your discharge paperwork when you get out when I was in Basic Training... The Army has a knack of losing Paperwork
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TSgt Ncoic
TSgt (Join to see)
7 y
I learned all of that from my dad before I joined he called it an "I love me book" it has everything about my career in it even the original contract I signed with the recruiter
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