Title 10 — Armed ForcesRelease 119-73
§938 Art. 138. Complaints of wrongs
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 47— - UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER XI— - MISCELLANEOUS PROVISIONS › § 938
Summary
A service member who asks their commanding officer for help and is refused may complain to a higher officer who must send it to the court-martial authority; that authority must investigate, fix the wrong, and promptly report the complaint and outcome to the Secretary.
Full Legal Text
Title 10, §938
Armed Forces — Source: USLM XML via OLRC
Any member of the armed forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send to the Secretary concerned a true statement of that complaint, with the proceedings had thereon.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 93850:734.May 5, 1950, ch. 169, § 1 (Art. 138), 64 Stat. 144. The words “commanding officer” are substituted for the word “commander”. The word “who” is inserted after the word “and”. The word “commissioned” is inserted after the word “superior” for clarity. The words “The officer exercising general court-martial jurisdiction” are substituted for the words “That officer” for clarity. The word “send” is substituted for the word “transmit”. The word “Secretary” is substituted for the word “Department” for accuracy, since the “Department”, as an entity, could not act upon the complaint.
Reference
Citations & Metadata
Citation
10 U.S.C. § 938
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73