10 U.S.C. § 938: Art. 138. Complaints of wrongs

Summary

If a service member thinks their commanding officer has wronged them and the commander refused to help, the member can complain to any higher-ranking commissioned officer. That officer must send the complaint to the officer who has general court-martial authority over the accused, who must investigate, try to fix the wrong, and promptly send a true report of the complaint and the actions taken to the appropriate Secretary.

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.

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.

§938 Art. 138. Complaints of Wrongs

Summary

Title 10, §938

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata