What is the UCMJ Article 138?

The Uniform Code of Military Justice (UCMJ) Article 138 is a federal law that provides servicemembers the right to appeal a grievance to a higher authority. This means that if a service member feels wrongfully treated by their commanding officer, or any higher authority, they can appeal to a higher authority for redress. Article 138 of the UCMJ stipulates that any service member has the right to request redress from a higher authority if they feel they have been wronged. This includes redress of any wrongs committed against them or wrongs committed against their interests. Article 138 also outlines how a service member should go about filing a complaint with a higher authority and what the timeline is for them to receive a response. In California, service members must decide if they wish to file their complaint under either the federal Military Justice System (MJ) or the California Military Justice System (CMJ). The MJ applies to all members of the armed forces, including the National Guard, while the CMJ is only applicable to National Guard members. The Article 138 appeals process can be a long and complex one. It is important for service members to understand their rights when filing their complaints. Furthermore, servicemembers should seek legal counsel if they have any questions about their rights under Article 138 or the appeals process.

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What is the UCMJ Article 138?

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