What is an Article 138 complaint?
Article 138, Uniform Code of Military Justice, provides that any member of the armed forces who believes himself wronged by his commander, and refused redress, may make a complaint to any superior commissioned officer, who will forward the complaint up to the General Court Martial Convening Authority (GCMCA).
How do I file a UCMJ Article 138?
The formal filing of the Article 138. The law states that you can submit the complaint to “any superior commissioned officer.” Generally your complaint would go up your chain of command to the officer exercising general court-martial jurisdiction over the officer from whom you initially requested redress.
What ar covers UCMJ?
Army Regulation (AR) 27-10. The UCMJ is a federal law and the basis of our military justice system. It determines what conduct is criminal, establishes the various types of courts, and sets forth the procedures to be followed in the administration of military justice.
What is the importance of Article 138?
Article 138 of the Uniform Code of Military Justice (UCMJ) gives every member of the Armed Forces the right to complain that he or she was wronged by his or her commanding officer. The right even extends to those subject to the UCMJ on inactive duty for training.
Can a commander override a profile?
Profiles are recommendations to leaders, and a provider’s recommendation does not override a commander’s decision. The only acceptable proof of profile for a Soldier to produce is a Department of the Army Form 3349, Physical Profile, not a sick call slip.
Can you fight a UCMJ?
If you lose in the CCA, you have the right to petition the Court of Appeals for the Armed Forces, under Article 67, UCMJ. And from there is a limited possibility of an appeal to the Supreme Court of the United States.
What is an Article 10 in the Army?
United States v. Cossio, 64 M.J. 254 (Article 10, UCMJ, ensures a servicemember’s right to a speedy trial by providing that upon arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him).
Can you request mast in the army?
Request Mast includes both the right of the member to personally talk to the commander, normally in person, and the requirement that the commander consider the matter and personally respond to the member requesting mast.
What is Article 138 of the AR 27-10?
Article 138 Complaint Process 100 AR 27–10 † 11 May 2016 Chapter 20 Military Justice in the Reserve Components Section I General 20–1. Purpose a. This chapter prescribes policies and procedures for implementing 10 USC 802.
What is an article 138 complaint in the military?
ARTICLE 138 COMPLAINTS FACT SHEET. An Article 138 Complaint is a grievance procedure for Soldiers to request redress for alleged wrongs committed by their commanding officer. If redress is denied, Soldiers file a formal complaint against the commanding officer.
What is a grade reduction under Article 14 AR 27 10?
14 AR 27–10 † 11 May 2016 authorized to reduce and if the circumstances of the case indicate that the commander was authorized and intended to reduce the Soldier at least one grade, a one-grade reduction may be approved.
What does AR 27 10 mean in the Army?
AR 27–10 † 11 May 201649 (d) Represents Soldiers in courts-martial, administrative boards, and other proceedings. (e) Acts as consulting counsel prescribed by the Chief, USATDS. g. Trial defense counsel.