Article 138 UCMJ Complaint: What to Do When a Commanding Officer Treats You Unfairly

Posted on: June 21st, 2026 by Dod Ghassemkhani, ESQ

Article 138 UCMJ Complaint

Military service members are expected to follow lawful orders and uphold the highest standards of conduct. Commanding officers are required to operate within the limits of military law and regulations. When a commander abuses authority, acts unfairly, or makes decisions that violate military rules, service members are not powerless.  Learn more about an Article 138 UCMJ complaint.

By Dod Ghassemkhani, San Diego’s Best Military Defense Lawyer

One of the strongest legal protections available under military law is Article 138 of the Uniform Code of Military Justice (UCMJ). Often referred to as a “Complaint of Wrongs,” Article 138 gives military personnel a formal process to challenge unlawful, arbitrary, discriminatory, or unjust actions taken by a commanding officer.

Wronged by Your Commander? Understanding Your Rights Under Article 138 of the UCMJ

If you believe your commander has wronged you, understanding how Article 138 works can be critical to protecting your military career, reputation, benefits, and future opportunities.

At Dod Law, our experienced military defense attorneys help service members navigate complex military justice matters, including Article 138 complaints, adverse administrative actions, courts-martial, military investigations, and appeals.

What Is an Article 138 Complaint?

Article 138 of the UCMJ allows a service member to seek official relief when they have been personally harmed by the actions or inactions of a commanding officer.

Unlike routine complaints or grievances, an Article 138 complaint is a formal legal process that can ultimately be reviewed by senior military leadership and even the Secretary of the service branch involved.

The purpose of Article 138 is to ensure that commanders remain accountable and that service members have a meaningful way to challenge abuses of authority.

Common Reasons Service Members File an Article 138 Complaint

Military personnel may pursue an Article 138 complaint when they believe a commander has:

• Violated military regulations or policies
• Exceeded lawful authority
• Acted arbitrarily or capriciously
• Engaged in retaliation or reprisal
• Discriminated against a service member
• Wrongfully denied leave or benefits
• Issued unlawful orders
• Made unfair assignment or promotion decisions
• Improperly handled disciplinary matters
• Ignored required procedures during investigations

If a commander’s actions have negatively affected your career, pay, benefits, evaluations, assignments, or reputation, Article 138 may provide a path toward corrective action.

Who Can File an Article 138 Complaint?

Most active-duty members of the Armed Forces can file an Article 138 complaint against their commanding officer.

The process is available to members of:

• United States Army
• United States Navy
• United States Marine Corps
• United States Air Force
• United States Space Force
• United States Coast Guard

Eligibility and procedural requirements may vary slightly depending on your branch of service, making it important to understand the specific regulations that apply to your situation.

How Does the Article 138 Process Work?

The Article 138 process generally involves two separate stages.

Step One: Request Redress from Your Commander

Before filing a formal complaint, military regulations typically require the service member to first request relief directly from the commanding officer responsible for the alleged wrong.

This request should be submitted in writing and clearly explain:

• The wrongful action that occurred
• Why the action violated regulations or military law
• The harm caused to the service member
• The specific remedy being requested

From our experience supporting evidence should accompany the request whenever possible. This may include:

• Emails
• Text messages
• Counseling statements
• Performance evaluations
• Witness statements
• Official military records
• Relevant regulations or policies

The commander is generally given an opportunity to review the request and provide a response.

If the commander grants the requested relief, the matter may be resolved without further action.

If the commander denies the request or fails to respond appropriately, the service member may move to the next stage.

Step Two: File a Formal Article 138 Complaint

When redress is denied, the service member can submit a formal Article 138 complaint through military channels to a superior authority.

The complaint is typically reviewed by an officer exercising General Court-Martial Convening Authority (GCMCA).

The reviewing authority may:

• Investigate the allegations
• Review supporting evidence
• Interview witnesses
• Examine applicable regulations
• Determine whether corrective action is warranted

The matter may ultimately be forwarded to the Secretary of the military department involved.

Because these complaints can reach some of the highest levels of military leadership, proper preparation is essential.

Important Article 138 Filing Deadlines

One of the most common mistakes service members make is waiting too long to take action.

Most branches impose strict deadlines for filing Article 138 complaints.

In many cases, a complaint must be filed within 90 days of discovering the wrongful action.

Missing this deadline can result in the complaint being dismissed regardless of its merits.

Because timelines vary among service branches and circumstances, service members should consult an experienced military attorney as soon as possible after identifying a potential violation.

Common Mistakes That Can Hurt Your Case

Even valid complaints can fail if procedural requirements are not followed.

Missing Critical Deadlines

Military regulations are often unforgiving when it comes to filing deadlines. Waiting too long may permanently eliminate your right to relief.

Failing to Document the Wrongful Conduct

Successful Article 138 complaints rely heavily on evidence. Unsupported allegations are far more difficult to prove.

Not Following the Chain of Procedures

Skipping required steps or submitting documents incorrectly can jeopardize an otherwise strong case.

Making Emotional Rather Than Factual Arguments

Investigators focus on evidence, regulations, and documented facts not opinions or frustrations.

Discussing the Complaint Publicly

Sharing details throughout the unit may create complications with witness testimony and could negatively impact the investigation.

What Evidence Should You Gather?

If you believe you have been wronged by a commander, begin preserving evidence immediately.

Helpful documentation may include:

Written Communications

It is Important to Save:

• Emails
• Text messages
• Memoranda
• Official correspondence
• Written orders

Personnel Records

Collect:

• Evaluations
• Counseling statements
• Awards
• Promotion records
• Assignment documentation

Witness Information

Identify anyone who directly observed the events in question.

Record:

• Names
• Ranks
• Contact information
• Dates of relevant observations

Medical Records

If the wrongful action caused emotional distress, anxiety, depression, or other health impacts, ensure these concerns are properly documented through military medical channels.

Can a Commander Retaliate Against You?

Federal law and military regulations prohibit retaliation against service members who lawfully exercise protected rights.

Unfortunately, we are aware that retaliation concerns are common among military personnel considering an Article 138 complaint.

Examples may include:

• Negative evaluations
• Unfavorable assignments
• Exclusion from opportunities
• Increased scrutiny
• Additional disciplinary actions

If retaliation occurs, additional legal remedies may be available.

An experienced military attorney can help identify potential reprisal issues and take appropriate action to protect your rights.

Why Hire a Military Defense Attorney for an Article 138 Complaint?

Although Article 138 is available to service members, navigating the process without legal guidance can be risky.

Military regulations are complex, deadlines are strict, and procedural mistakes can significantly weaken a complaint.

An experienced military lawyer can help by:

Evaluating the Strength of Your Claim

Not every unfair situation qualifies under Article 138. An attorney can determine whether your circumstances meet legal requirements.

Building a Strong Evidentiary Record

Proper documentation often makes the difference between success and failure.

Ensuring Procedural Compliance

Your attorney can help ensure deadlines, formatting requirements, and submission procedures are followed correctly.

Protecting Against Retaliation

Legal counsel can monitor for unlawful reprisal and advocate on your behalf if retaliation occurs.

Pursuing Additional Remedies | Article 138 UCMJ Complaint

Depending on the facts, other legal options may be available, including Inspector General complaints, military appeals, administrative actions, or Congressional inquiries.

Protect Your Military Career Before It Is Too Late | Article 138 UCMJ Complaint

An unlawful or unjust decision by a commanding officer can have long-lasting consequences. Promotions, security clearances, assignments, retirement benefits, and future employment opportunities can all be affected.

The sooner you take action, the stronger your position may be.

If you believe your commander has violated military regulations, abused authority, acted unfairly, or retaliated against you, seeking legal guidance early can help preserve your rights and improve your chances of obtaining meaningful relief.

Act Now!  Call Dod Law for Military Defense Representation | Article 138 UCMJ Complaint

At Dod Law, we understand the unique challenges military service members face when confronting unlawful command actions. Our team has extensive experience handling military justice matters and helping service members protect their careers, reputations, and futures.

If you believe you have grounds for an Article 138 complaint, contact Dod Law today for a confidential consultation. We will review your situation, explain your options, and help you determine the best path forward. Navy Region Southwest | Message from the Commander 

Disclaimer: The information provided in this blog is intended for general informational and educational purposes only and should not be construed as legal advice. Reading this article does not create an attorney-client relationship with Dod Law or Dod Ghassemkhani, Esq. Every criminal case is unique, and the laws, legal principles, and procedures discussed may not apply to your specific circumstances.

You should not act upon or rely on any information contained in this article without first consulting a qualified criminal defense attorney regarding your particular situation. If you have been arrested, are under investigation, or are facing criminal charges in San Diego County and Southern California, contact Dod Law to schedule a confidential consultation with Dod Ghassemkhani, Esq., and receive legal guidance tailored to your case.