Article 138 Complaints

Article 138 Complaint Lawyer

Article 138 can be a powerful tool when a commander has wronged a servicemember, but it needs to be used carefully, strategically, and with a record that supports the relief requested.

A complaint is more persuasive when it is disciplined.

An Article 138 complaint should not simply express anger. It should identify the wrong, explain why the command action was improper, request a realistic remedy, and present the supporting facts in a way that a reviewing authority can act on.

Possible issues

  • Unfair command actions
  • Improper denials of rights or requests
  • Retaliatory or arbitrary treatment
  • Command abuse affecting career, reputation, or assignment

Review before you respond

Need focused legal judgment before deciding what to do next?

An Urgent Military Case Assessment is a paid limited-scope review for Soldiers, NCOs, and Officers who already have paperwork, evidence, or a short suspense and need a practical assessment of risks, options, and recommended next steps.

More than a consultation. Less than full representation.

The assessment does not include drafting, command contact, law-enforcement contact, negotiation, appearance, submission of materials, or follow-on representation unless separately agreed in writing.

Learn About Urgent Case Assessment
Practical use

Article 138 complaints should be used carefully.

An Article 138 complaint is not a substitute for a GOMOR rebuttal, Article 15 response, investigation strategy, or evaluation response. It can be appropriate when a Soldier needs a formal way to complain about a wrong by a commanding officer, but the timing, wording, requested relief, and supporting documents matter. A rushed complaint can distract from the more urgent administrative decision in front of the command.

In some cases, the better first move is to preserve the Article 138 option while still responding to the immediate adverse action. The consultation should identify what relief is realistic, what must be submitted through the chain of command, and whether the complaint could help or hurt the broader strategy.

Free Consultation

Do not treat a GOMOR or Article 15 like routine paperwork.

A weak response can follow you for years. The earlier you get focused help, the more time there is to analyze the evidence, develop the facts, and present the strongest possible rebuttal or response.

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