Can a military attorney file complaints against command harassment?

Yes, and when the source of the problem is a commanding officer, the military has a specific statutory remedy built for exactly that situation, plus other channels depending on the nature of the harassment. The key is matching the complaint to the wrong. A service member harassed by their own command is not without recourse; they have a defined menu of complaint avenues.

The signature tool: an Article 138 complaint of wrongs

The remedy designed for being wronged by your own commander is Article 138 of the UCMJ. Any service member who believes they were wronged by their commanding officer may use it, and it follows a strict sequence:

  • Request redress first. The member submits a written request for redress to the commanding officer who committed the wrong.
  • If refused, file a formal complaint. If the commander denies redress or fails to respond within about 15 days, the member may file a formal written complaint.
  • It rises above the commander. The complaint is forwarded to the officer exercising general court-martial convening authority (GCMCA) over the respondent, who is required to investigate and take appropriate action to correct the wrong.
  • Deadline. The complaint must generally be submitted within 90 days of the alleged wrong.

Crucially, commanders are prohibited from restricting these complaints or retaliating against someone who files one. Article 138 is powerful precisely because it routes the matter to an authority above the offending commander.

The other channels

Article 138 is not the only path, and the right one depends on the harassment:

  • Harassment-policy complaint. Harassment is addressed by Defense Department policy (DoD Instruction 1020.03), which provides a process to report and respond to harassment in the ranks.
  • Inspector General (IG). Where the conduct involves abuse of authority or similar wrongdoing, an IG complaint is an avenue, and IG channels also handle reprisal.

So part of an attorney’s value is triage: deciding whether a given situation is best pursued as an Article 138 complaint of wrongs, a harassment-policy complaint, an IG matter, or more than one.

A military attorney helps a service member document the harassment, choose the right channel, satisfy its procedural steps, and press the complaint to the authority empowered to act.

When a member is wronged by their commanding officer and refused redress, the attorney files an Article 138 complaint that is forwarded to an authority above the offending commander, who must investigate.

The throughline is that command harassment has real, structured remedies. Article 138 gives a statutory route to an authority above the offending commander, with anti-retaliation protection, and harassment-policy and IG channels supplement it, so the task is to fit the complaint to the wrong and follow its steps precisely.

Frequently Asked Questions

What is an Article 138 complaint?
A statutory complaint of wrongs available to a service member who believes their commanding officer wronged them, which, after a request for redress is refused, is forwarded to a general court-martial convening authority who must investigate.

What are the deadlines for an Article 138 complaint?
The member first requests redress from the commander, and if it is denied or unanswered within about 15 days, files a formal complaint, generally within 90 days of the wrong.

Are there protections against retaliation for complaining?
Yes. Commanders are prohibited from restricting the submission of such complaints or retaliating against a service member who files one.

This article is general information about complaints regarding command harassment. It is not legal advice and does not create an attorney-client relationship. Procedures and timelines vary by service and can change. A service member facing harassment should consult their legal assistance office or appropriate counsel.

Sources

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