What is an Article 138 in the military?

An Article 138 complaint is a process by which you can attempt to remedy a wrong committed against you by your commanding officer. A “wrong” may be an action the commander has taken (an act), or the failure of the commander to take an action that should have been taken (an omission).

How long does a commander’s inquiry take?

The preliminary inquiry is not a criminal proceeding in itself; it’s designed to give the commander more information — quickly, usually in 72 hours.

What is an IG complaint in the army?

An Inspector General (IG) investigates fraud, waste, and abuse, as well as threats to public safety and morale. An IG conducts administrative reviews, inquiries, or investigations to resolve complaints. All complaints made to the DoD Inspector General are protected communications under the Whistleblower Protection Act.

What constitutes an EO complaint in the army?

Equal Opportunity complaints are Inspector General complaints that are first screened and evaluated by a designated Equal Opportunity officer or office. Complaints can also be made to sexual harassment hotlines run by each Service. Complaints may be filed for discrimination or sexual harassment.

What is a 138 claim?

Article 138 of the Uniform Code of Military Justice (UCMJ) gives every member of the Armed Forces the right to complain that he or she was wronged by his or her commanding officer. The right even extends to those subject to the UCMJ on inactive duty for training.

Can a military member Sue a commander?

Active-duty military service members may not file suit against the United States Army, Navy, or Air Force in federal court. United States, the Supreme Court created a judicial exception that bars active-duty members of the Armed Forces from suing the government via the FTCA.

How long does a military investigation last?

If on the other hand a military investigation is being handled by the branch specific military law enforcement, those investigations can last a few months, up to several months, and even as far as over a year depending upon the nature of the allegation.

What is an army commander’s inquiry?

Q: WHAT IS A COMMANDERS INQUIRY? It is an informal means to bring alleged errors, injustices, and illegalities in a rated Soldier’s evaluation report to the Commander’s or commandant’s attention.

What happens after an IG complaint?

The complaints resolution process begins when a complaint is received by the IG. If possible, the IG will acknowledge receipt of the complaint at that time. If the complaint was received via fax, e-mail, or mail, the IG is required to confirm receipt (in writing, by telephone, or in person) within 5 duty days.

What are the two types of EO complaints?

There are two types of EO complaints, informal and formal.

What are three ways to handle an EO complaint informally?

The informal process offers the complainant various options: 1) address the issue themselves, 2) use the chain of command, 3) use mediation, or 4) take no action. 4.