Raleigh Article 138 Lawyer

Article 138 Attorney in Raleigh, NC

When you are considering filing an Article 138 complaint, it is important to consult with a qualified Raleigh Article 138 lawyer before submitting the formal complaint. An experienced Article 138 attorney can ensure that deadlines are met and explain your rights as they relate to the complaint. When you experience problems while serving this country, you need legal representation that can help safeguard your future career.

Hire an Article 138 Lawyer in Raleigh, NC

At the W. James Payne Law Firm, Attorney Payne has over 40 years of experience helping service members with military justice matters. As a retired Colonel in the United States Marine Corps Reserve, he understands the intricacies of Article 138 laws and how they could influence your Article 138 case. When you hire an Article 138 lawyer, you should ensure they are licensed to work in military courts.

North Carolina Military

Raleigh is home to over 480,000 citizens, including nearly 18,000 veterans. With one of the highest numbers of military personnel in the country, North Carolina is home to three of the four military branches. North Carolina military complexes include:

• Marine Corps Air Station New River
• Seymour Johnson Air Force Base
• Fort Bragg
• Air Station Elizabeth City
• Marine Corps Camp Lejeune
• S. Coast Guard Aviation Logistics Center
• Air Station Cherry Point
• United States Coast Guard Sector North Carolina
• Military Ocean Terminal Sunny Point
• Pope Army Air Field
• 145th Airlift Wing Charlotte
• 108th Training Command Charlotte
• North Carolina National Guard
• Army Research Office

What Constitutes an Article 138 Wrong

Article 138 complaints can only be filed against your commanding officer when you have been personally wronged. Complaints can be submitted for wrongs that stem from:

• Violation of the law or regulations
• Actions taken beyond the commander’s authority
• Actions that were arbitrary, capricious, or abusive
• Actions that are clearly unfair or unjust
• Actual offenses that could warrant an Article 138 complaint are vast and differ with each branch of the military. However, there are some general categories where complaints could arise. These categories include:
• Abuse of authority. Complaints stem from a commanding officer who uses their authority for personal gain or to violate regulations.
• Discrimination. The military prohibits any discrimination based on race, religion, gender, sexual orientation, or national origin.
• Retaliation. Facing consequences for filing a complaint, exercising your legal rights, or raising concerns is a serious offense.
• Violations of regulations. Complaints should be made against commanders who issue orders that violate established regulations or policies.

Article 138 Complaint of Wrongs Process

Although each branch of the military has its own procedures, there is a general process for filing an Article 138 complaint. An experienced Article 138 attorney in Raleigh can ensure that you follow the appropriate complaint process for your specific branch of the military. The process involves:

• Formally request redress from your commanding officer
• Seek informal methods of resolution
• Prepare the formal Article 138 complaint
• Submit the complaint
• Wait to hear of possible resolutions

Timeline for an Article 138 Complaint in Raleigh, NC

Article 138 complaints must adhere to a strict timeline. Failure to properly submit complaints within the timeline could result in the complaint being dismissed. An Article 138 attorney in Article 138 complaints must adhere to a strict timeline. Failure to properly submit complaints within the timeline could result in the complaint being dismissed. An Article 138 attorney can ensure complaints are properly written and submitted within the appropriate timeline. The Article 138 complaint timeline is:

• Submit complaints. You have 90 days to submit a complaint to your first-line commander.
• Initial response. Your first-line commander has 15 days to respond in the Army, 30 days in the Navy, Marine Corps, and Air Force, and within a timely manner, but generally 30 days, in the Coast Guard.
• Official response. If the complaint is escalated, the general court-martial convening authority for the Army has no timeline, the Navy and Marine Corps have 90 days with limited exceptions, and the Air Force has 60 days with limited exceptions. The officer exercising general court-martial jurisdiction in the Coast Guard has 90 days, with limited exceptions.

can ensure complaints are properly written and submitted within the appropriate timeline. The Article 138 complaint timeline is:

• Submit complaints. You have 90 days to submit a complaint to your first-line commander.
• Initial response. Your first-line commander has 15 days to respond in the Army, 30 days in the Navy, Marine Corps, and Air Force, and within a timely manner, but generally 30 days, in the Coast Guard.
• Official response. If the complaint is escalated, the general court-martial convening authority for the Army has no timeline, the Navy and Marine Corps have 90 days with limited exceptions, and the Air Force has 60 days with limited exceptions. The officer exercising general court-martial jurisdiction in the Coast Guard has 90 days, with limited exceptions.

FAQs

How Do You File an Article 138 Complaint in Raleigh?

An Article 138 complaint can be filed when a service member feels that they have been wronged by their commanding officer. The right to file an Article 138 complaint is guaranteed by law, but each branch of the military has its own specific procedures for submission. These procedures are outlined at Air Force AFI 51-505, Army AR 27-10, Coast Guard COMDTINST M5810.1H, Marine Corps JAGINST 5800.7F, Navy NAVREGS Article 1150. For some situations, related UCMJ issues may overlap with matters discussed in resources such as UCMJ Article 120.

Who Enforces Article 138?

Article 138 enforcement varies with each branch. The first step in each branch is to submit the complaint to your first-line commander. Next, the Army, Navy, Marine Corps, and Air Force escalate the complaint to the general court-martial convening authority. In the Coast Guard, the complaint escalates to the officer exercising general court-martial jurisdiction. Denials can be raised to the Service Secretaries for Department of Defense branches or the Secretary of Homeland Security for the Coast Guard.

What Restrictions Are Placed on an Article 138 Complaint?

An Article 138 complaint allows a service member to file a grievance against their commanding officer, but there are restrictions on what and how the complaint is made in North Carolina. Only one person can be named in each complaint. If a complaint involves multiple people, a complaint must be made against each. Only one complainant can be named per complaint. A service member cannot make a general complaint about their chain of command, only specific complaints about their commander.

What Are the Important Considerations of Filing an Article 138 Complaint in Raleigh?

If you are considering filing an Article 138 complaint, there are some important considerations to consider. A knowledgeable Article 138 attorney can help you decide if filing a complaint is the right course of action. You must consider timelines and requirements for filing the complaint. You are required to exhaust all other remedies before filing an Article 138 complaint. You also must prepare for the possibility of retaliation.

Contact the W. James Payne Law Firm

Article 138 cases shouldn’t be handled by any defense attorney. You want someone with a thorough knowledge of military procedures. Licensed to work in the United States Court of Military Appeals, Attorney Payne can review your case and ensure your rights are upheld. Contact the W. James Payne Law Firm now to schedule your initial consultation.