One of the most common complaints I hear from my clients is that they feel like they have been mistreated by their command. Many of these clients will then say, “I just wish there was something I could do about it.” Well, maybe there is something that can be done. You may be able to file an Article 138 complaint. The UCMJ has a unique article that allows servicemembers to seek redress when they have a complaint regarding something their command has done or failed to do. For example, let’s say that a servicemember has been denied his leave several times by his commanding officer and he feels that it has been unjustified. Under Article 138, that servicemember can draft a written complaint and submit it to “any superior commissioned officer.” The complaint will then be forwarded to the officer exercising general court-martial jurisdiction (GCMCA) over the officer that is the subject of the complaint. The GCMCA will then examine or investigate the complaint and take measures necessary to redress the wrong complained of. An Article 138 complaint, if used correctly, can be the answer to a servicemember’s mistreatment by the command. For the best chance at success, however, the complaint should be organized, well written and supported by evidence. If you feel you have a legitimate complaint, call me and I will be honest with you. I have the experience to know what your next steps should be. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.
By William Cassara | September 3, 2020
By Beth Harvey | August 20, 2020