What is the UCMJ Article 138?

The Uniform Code of Military Justice (UCMJ) Article 138 is a law that grants members of the U.S. Armed Forces the right to seek relief when they feel they have been wronged by their commanders or supervisors. Specifically, it allows them to file a complaint with their commander, who must then consider their grievance and provide a solution. This is known as a "right of petition," and it is one of the main ways in which members of the military can hold their commanders accountable. In Utah, Article 138 applies to active-duty personnel, Reservists, and members of the National Guard. It establishes that any service member who feels their grievance has not been adequately addressed has the right to take their case to the appropriate commanding officer of the accused. If the commander fails to respond, the aggrieved service member can take their case further up the chain of command. Article 138 also protects the rights of whistle-blowers, ensuring they are not subjected to negative repercussions for filing a complaint or bringing attention to possible misconduct. In order for Article 138 to be invoked, an individual must demonstrate that they have exhausted all other means of solving the issue, such as through arbitration or other negotiations. Ultimately, the purpose of Article 138 is to provide a much-needed check on the power of commanders in the military and allow service members the ability to speak up and be heard. It is a reminder that even in the military, justice must prevail.

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What is the UCMJ Article 138?

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