Posted on Nov 18, 2016
Does anyone have any experience with or knowledge of anyone who has filed an Article 138 UCMJ?
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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 9 y ago
Responses: 46
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.
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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.
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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.
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.
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PFC Aarion Ojeda
I ended up taking care of it. The problem was my Battalion Commander was trying to kick me out unjustly and the Brigade Commander fixed it
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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?
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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.
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PFC Aarion Ojeda
Roger Sgt, I ended up using the chain of command instead of 138, I had my Brigade Commander handle it (full-bird colonel)
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