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Last Modified on Jun 02, 2026
Military service members are expected to follow orders, respect the chain of command, and address disputes through established military procedures. However, there are situations where a commanding officer’s actions may be unfair, arbitrary, or beyond the legitimate authority granted by their ranking. Once you know how an attorney can help before you ever file an Article 138 complaint, it becomes much simpler to handle this issue tactfully.
Though Article 138 is an important tool for addressing wrongs committed by commanding officers, filing a complaint is rarely the first step. Before this is initiated, it is often beneficial to consult with an experienced military attorney. Their unique grasp of military laws, coupled with prior case experience, can often help them evaluate the situation and identify alternative solutions to reduce the risk of unintended consequences.
What Is an Article 138 Complaint?
Article 138 of the Uniform Code of Military Justice (UCMJ) provides a valuable mechanism for service members to seek a resolution when they believe they have been wronged by a commanding officer.
This valuable channel for conflict resolution is aimed at creating a military ranking system that focuses on discipline and the core principles of the service, rather than allowing hierarchy to become a tool for abuse or personal bias.
The process generally allows a service member to engage in the actions listed below:
- Submit a complaint regarding a specific wrong.
- Request redress from the commanding officer.
- Escalate the matter if relief is denied.
- Obtain review by higher military authorities.
Article 138 complaints can involve a variety of issues, including improper disciplinary actions, abuse of authority, retaliation, unfair administrative decisions, and violations of other military regulations. They can come in the form of bullying, hazing, discrimination, or other behaviors that are deemed outside the scope of allowable behavior. This is true even for long-time commanding officers in high-ranking roles.
Why You Should Not Rush into Filing an Article 138 Complaint
Many service members want to take immediate action when they believe they are treated unfairly. While it’s wise to act fast and be proactive, the first move isn’t always submitting a complaint.
Instead, hire a military lawyer to discuss your options first. By doing this before you use Article 138 laws and channels to make your complaint heard, you can get valuable guidance that may result in a better outcome for all involved.
A skilled military attorney like the ones from our law firm can help you answer key questions and take foundational steps that can determine how you should proceed. These legal services are listed below:
- Assess whether violations occurred. Military commanders have broad discretion concerning assigning duty, evaluating performance, leading missions, and enacting certain punishments. A lawyer can determine whether actions violated the rules, effectively finding the boundary between standard military decision-making and overreaches in authority.
- Gather evidence. When a violation does occur, it’s crucial to have solid evidence to show the truth beyond a reasonable doubt. Given how esteemed many military commanders are and the stakes of a person being convicted of abusing their authority, military courts require extensive proof that only an attorney can gather and present effectively.
- Identify alternative remedies. Some people worry that filing a complaint could backfire, creating more tension and leading to more abuses of authority. Retaliation is prohibited, and complaints can be filed if real abuse occurs.
A lawyer can help you determine whether you can pursue other solutions, such as going up in the chain of command or filing a Department of War Office of Inspector General Equal Opportunity (DoW OIG EO) complaint instead.
A skilled attorney can help you understand how your situation may be viewed by the court, prepare evidence of it in case a complaint is necessary, and approach the situation in the most strategic manner possible. Whether you have to commit to an Article 138 complaint or not, a lawyer from our firm can stand by you with skilled guidance.
Why the Military Takes These Complaints Seriously
The military is built on hierarchy and respect for authority. With 2.81 million service members worldwide in 2025 and 678,000 veterans here in North Carolina, this massive network only functions through strict adherence to the rules from both sides of the hierarchy.
If superior officers try to violate their legal boundaries per military laws, they can face punishment. About 200,000 service members transition from military life each year, and some of these are for violating the rules, proving no one is above military regulations regardless of rank.
FAQs
What If an Article 138 Complaint Fails?
If an Article 138 complaint fails, a person may have the ability to pursue other options. These include a Congressional inquiry, Inspector General complaint, or administrative appeal. By hiring a military attorney first, you can gain insight into whether a complaint is likely to be successful, so you know which option could potentially yield the desired outcome.
How Soon Should You Speak to a Lawyer?
You should speak to a lawyer as soon as you believe improper behavior is being enacted by a commanding officer. The sooner you reach out to our law office, the more time we have to assess the situation and begin building a case. This can make it easier to spot patterns and provide clear proof that a superior officer is abusing their authority.
What Qualifies as a Wrong Action Under Article 138?
A wrong action under Article 138 may include behavior that is arbitrarily unfair, abusive, unlawful, or contrary to military regulations. It can involve excessive punishments, consistent hazing, or actions that don’t seem warranted based on the actions that supposedly triggered them. Your lawyer can help assess whether violations occurred and how to respond.
How Could a Complaint Impact a Person’s Military Career?
A complaint could impact a person’s military career in multiple ways. While the person filing it is protected from retaliation, they may have to carefully document instances of it if it occurs and pursue a new claim. For the person convicted of violations, they could be kicked out of the service in extreme circumstances or experience a demotion.
Hire a Military Lawyer Who Understands NC Military Laws
When you are facing a military issue, W. James Payne Law Firm is the team to trust. Mr. James Payne brings military service experience and understands how these cases go. He can also advise you on how to approach the matter and whether a formal complaint is the ideal solution. With over 40 years of experience, our military attorney is well-versed in Article 138 laws. Contact our law firm to discuss your case.
