What is the UCMJ Article 138?

The Uniform Code of Military Justice (UCMJ) Article 138 is a federal law that grants members of the military the right to file a complaint against a commander if they feel they have been treated unfairly or discriminated against. This law was created to ensure that members of the military could receive fair treatment throughout their service. Article 138, also known as the complaint division of the UCMJ, allows a service member to file a complaint against a commander or other personnel. A service member may do this through either a direct or an indirect complaint. A direct complaint is addressed directly to the commander or other personnel, while an indirect complaint is addressed to a higher-ranking officer or a different branch of the military. In New York, Article 138 is especially important, as its state laws are often stricter than federal laws. This is why Article 138 allows service members to file a complaint against any commander or personnel in violation of applicable state law. Article 138 also allows military personnel to appeal any decision or action taken against them. This allows military personnel to have their grievances heard and to receive a fair trial in the event of a legal dispute. Overall, Article 138 of the UCMJ ensures that military personnel are treated fairly and have access to proper appeals processes if they feel they are being treated unfairly or discriminated against. It also ensures that state and federal regulations are upheld in all branches of the military.

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