Posted on Dec 7, 2017
Can you file an Article 138 complaint against your Commander for harrasment?
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Short answer—yes
Long answer—also yes, but I would consider getting some legal advice before doing so. Harassment can be vague and subject to interpretation.
Caveat—I am not a lawyer, and I have been retired for a while. It has been many, many years since I attended Naval Justice School. So, other opinions may be helpful.
Long answer—also yes, but I would consider getting some legal advice before doing so. Harassment can be vague and subject to interpretation.
Caveat—I am not a lawyer, and I have been retired for a while. It has been many, many years since I attended Naval Justice School. So, other opinions may be helpful.
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SSG (Join to see) 1st I am sorry I am late to the discussion.
Yes, Of course you can. While I have never done one, I have had them done against me, buy a Soldier(s) who thought I had stepped outside my bounds... If the senior commander wants to, he/she, will appoint a 15-6 Officer (or similar) to investigate.
But, as SGM Erik Marquez stated, I would consider you options, and seek legal advice as well. Also, remember, there are 2nd and 3rd order effects to everything we do.
For some perspective. I was a Company, Battalion, and Brigade Commander. I was also an enlisted Soldier, who was offered a BS Article 15, by a dumb ass commander, who did not know the facts, and proceed to quickly. He dropped the ART 15, when I refused it, after receiving guidance from TDS. TDS by the way, is not always on your side... Just my view.
938. ARTICLE 138. COMPLAINTS OF WRONGS
11. Miscellaneous Provisions
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.
https://www.thebalance.com/article-138-complaint-ucmj-3332814
Yes, Of course you can. While I have never done one, I have had them done against me, buy a Soldier(s) who thought I had stepped outside my bounds... If the senior commander wants to, he/she, will appoint a 15-6 Officer (or similar) to investigate.
But, as SGM Erik Marquez stated, I would consider you options, and seek legal advice as well. Also, remember, there are 2nd and 3rd order effects to everything we do.
For some perspective. I was a Company, Battalion, and Brigade Commander. I was also an enlisted Soldier, who was offered a BS Article 15, by a dumb ass commander, who did not know the facts, and proceed to quickly. He dropped the ART 15, when I refused it, after receiving guidance from TDS. TDS by the way, is not always on your side... Just my view.
938. ARTICLE 138. COMPLAINTS OF WRONGS
11. Miscellaneous Provisions
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.
https://www.thebalance.com/article-138-complaint-ucmj-3332814
How to File an Article 138 Complaint
Learn about Article 138, one of the most powerful rights under the rights under the UCMJ. Learn more about the procedures for filing a complaint.
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COL Charles Williams
SSG (Join to see) - I hope all works out for you. Most leaders do the right thing, as do our Soldiers, but at times, some go off the rails. Hence the need for 138 and similar items of redress.
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I had justification to file an Article 138 complaint against my at-the-time commander, and I probably should have. He formally counselled me on a DA 4856 in writing. When I proved by regulation I had done nothing wrong, he handed me my rebuttal back and said "you didn't have to go to all that trouble". WTAF? Water under the bridge now, that commander is long gone, and I'm long gone from that unit..... and two ranks above where I was when I got counselled.
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