What is the UCMJ Article 138?

The Uniform Code of Military Justice (UCMJ), is the system of laws used by the United States military to regulate the conduct of its members. Article 138 of the UCMJ, also known as the “Right to Complain or Supplement,” outlines the right of service members to appeal to superior officers when they believe they have been wronged or unfairly treated. This article was added to the UCMJ in 1951, and it applies to all armed forces members regardless of their rank or position. Under Article 138, service members have the right to request a review of a decision or action taken by a superior, and they may submit a “request for redress” to a higher authority. The request should include the date, location and circumstances of the decision, as well as the service member’s name, rank, and service. Once the request is received, an official inquiry and/or investigation will be conducted to decide if the serviceman or woman has a valid cause for complaint. If it is found that the action taken against the service member was unjust and in violation of the UCMJ, then the higher officer may take corrective action, which can include reprimand or punishment of the offending superior. Article 138 is an important part of the UCMJ, as it provides a means for service members to ensure their rights are upheld.

Related FAQs

What is the maximum punishment for an Article 120 offense?
What is the difference between the Trial by Court-Martial (TCM) and the Summary Court-Martial (SCM)?
How is a trial by court-martial different from a civilian trial?
What is the difference between a court martial and a non-judicial punishment (NJP)?
What is the rule against hearsay?
What is the role of a military defense attorney?
What are the qualifications to serve on a court-martial panel?
What is the Military Rules of Evidence (MRE) 608?
What is the Uniform Code of Military Justice (UCMJ)?
What is an adjudicative authority?

What is the UCMJ Article 138?

Related FAQs

Related Blog Posts