Should I file an Article 138 Complaint Against my Command?

A: Probably not. In a system such as the UCMJ where decisions are largely within the command’s discretion, rarely is filing an Article 138 Complaint against the command going to give you the desired result. Article 138 is designed to give redress to Soldiers when there is a verifiable wrong by the command. That is not the same thing as the command deciding with which you disagree. Often, filing Article 138 complaints has the opposite result than the one intended, and in a world where humans are the decision-makers, can tend to cement the command’s mind to an action that is adverse to you. All cases are unique. For questions about your specific situation, please consider scheduling a consultation with an experienced defense counsel.