If your commanding officer has taken action you believe is unlawful, arbitrary, or unjust, the Uniform Code of Military Justice (UCMJ) gives you a powerful tool to fight back. Article 138 of the UCMJ—often called the “Complaint of Wrongs“—allows service members to formally challenge a commander’s decisions and demand redress. Whether you are stationed at Joint Base Lewis-McChord (JBLM), Naval Base Kitsap, Naval Station Everett, or NAS Whidbey Island, understanding this process is critical to protecting your career and your rights. An experienced military attorney can help you navigate strict deadlines, assemble persuasive evidence, and present your case to the right authority. At King Military Law, we have spent decades defending service members through every stage of the military justice system.
What a Complaint of Wrongs Means for Service Members in Washington State
A “Complaint of Wrongs” under Article 138, UCMJ, is a formal mechanism that empowers you to hold your commanding officer accountable. It applies when a commander’s discretionary act or omission causes you personal harm and is:
- In violation of law or regulation
- Beyond the commander’s legitimate authority
- Arbitrary, capricious, or an abuse of discretion
- Materially unfair or unjust
Common examples include wrongful denial of leave, discriminatory treatment, retaliation for raising legitimate concerns, or issuing orders that violate established regulations.
For service members at installations across Washington—from JBLM near Tacoma to Naval Base Kitsap in Bremerton to Fairchild Air Force Base near Spokane—understanding Article 138 is essential. Commanders at these bases operate under significant authority, and when that authority is misused, the consequences can affect your evaluations, assignments, and entire military career.
Your Rights and the Military Courts Process
The Article 138 process follows two stages, each with its own requirements and timeline:
Stage 1 — Request for Redress
Before filing a formal complaint, you must first submit a written request for redress directly to your commanding officer. This letter must:
- Reference Article 138, UCMJ, by name
- Describe the specific wrong with supporting documentation
- State exactly what outcome you are seeking
- Provide a reasonable deadline for the commander to respond
Your commanding officer generally has 30 days to act on the request and notify you in writing. If the commander grants your request, the matter ends there. If the commander denies it—or fails to respond—you may proceed to Stage 2.
Stage 2 — Formal Complaint to a Superior Officer
If your request is denied, you submit a formal complaint to the officer exercising General Court-Martial Convening Authority (GCMCA) over your commander. The GCMCA must:
- Examine your complaint
- Order a thorough investigation
- Take proper measures to redress the wrong
- Forward a complete statement of the complaint and proceedings to the Secretary of your military branch
Key timeline: In most branches, you must file within 90 days of discovering the wrong. The 30-day window your commander has to respond to your initial request for redress generally does not count against that 90-day deadline. In the Navy and Marine Corps, if you file after 90 days, you must explain the delay.
Common Mistakes to Avoid
Navigating an Article 138 complaint successfully requires precision. These are the pitfalls that can undermine even a meritorious case:
- Missing the 90-day deadline. Procedural time limits are strictly enforced. Mark the date you discovered the wrong and work backward from there.
- Failing to exhaust informal remedies first. Regulations generally require you to attempt resolution through your chain of command before filing. Skipping this step can result in dismissal.
- Submitting vague or unsupported complaints. The GCMCA needs specific facts—dates, times, locations, witnesses, and referenced regulations. A general feeling of unfairness is not enough.
- Making oral complaints instead of written ones. Everything must be documented in writing. Verbal conversations do not satisfy the procedural requirements.
- Discussing your complaint openly within the unit. Loose talk can compromise witness statements and invite unintended consequences. Keep your evidence and strategy confidential.
What You Can Do Today to Protect Your Military Appeals Rights
If you believe you have been wronged by your commanding officer, start building your case immediately:
- Document everything. Save emails, text messages, written orders, counseling statements, and performance evaluations that relate to the wrong.
- Identify witnesses. Note the names, ranks, and contact information of anyone who observed the commander’s conduct firsthand.
- Preserve medical and behavioral health records. If the wrong has caused you stress, anxiety, or other health impacts, document that through military medical channels.
- Gather regulatory references. Identify the specific law, regulation, or policy the commander’s action violated (e.g., AR 27-10 Chapter 19 for Army personnel, DAFI 51-505 for Air Force, JAGINST 5800.7G for Navy and Marines).
- Consult an experienced military attorney before submitting anything. A poorly drafted request for redress can weaken your position. Legal counsel ensures your complaint is procedurally sound and strategically effective from day one.
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How an Experienced Military Law Attorney Helps
Article 138 complaint is not a simple grievance letter—it is a formal legal proceeding that can reach the Secretary of your branch. Having a knowledgeable military criminal defense attorney on your side means:
- Strategic framing: Your attorney identifies the strongest legal grounds for your complaint and presents facts in the most compelling way.
- Procedural compliance: Military defense counsel ensures every deadline is met, every document is properly formatted, and every required step is completed.
- Evidence development: From witness affidavits to regulatory analysis, your attorney builds a record that the GCMCA cannot ignore.
- Protection against retaliation: While Article 138 prohibits retaliation, your attorney monitors for any adverse actions and is prepared to respond immediately.
- Appeal and escalation: If the GCMCA’s response is inadequate, your attorney advises on further remedies, including military appeals and Congressional inquiries.
At King Military Law, our team includes retired military judges and seasoned trial lawyers who have spent careers inside the military courts system. We understand how commanders think, how convening authorities investigate, and how to present a complaint that demands results. Learn more about how we stand beside service members on our How We Help page.
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If you or a loved one is stationed at JBLM, Naval Base Kitsap, or any installation in Washington State and believes a commanding officer has acted unlawfully or unjustly, you do not have to face this alone. The military law team at King Military Law has the experience and dedication to guide you through every step of the Article 138 process—from your initial request for redress to a formal complaint and beyond.
