What is the UCMJ Article 138?

UCMJ Article 138 is a military law found in the Uniform Code of Military Justice (UCMJ). This article establishes a right to complaint by any member of the armed forces against an officer for wrongful acts, practices, or omissions that violate the rights of any person, including that member of the armed forces. It also provides a remedy for those wrongs in the form of redress. Congress established the UCMJ in 1950 to codify and standardize military law across all branches of the armed forces. Article 138 serves as a essential safeguard of justice in the military and provides members of the military a way to address wrongs and grievances that can’t be addressed through other means. Under this article, any member of the armed forces can submit a complaint to the commanding officer of the accused. A complaint cannot be dismissed by the commanding officer without a review and the commanding officer must forward the complaint to a higher authority who must then investigate it. If the claim is found to have merit, a payment or official apology may be issued to the complainant. Article 138 is one of the most important provisions of the UCMJ as it provides an anonymous and secure means for any member of the armed forces to seek justice for wrongs done against them. In Mississippi, UCMJ Article 138 is applicable to all members of the armed forces stationed or serving in the state. In cases where there may be violations of the UCMJ, a member of the armed forces can submit a complaint to the responsible commanding officer and expect to receive a response.

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