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

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.

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.

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.

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.

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.

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.

Always consisted the negative ramifications of a successful complaint.

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.

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.

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.