What are the different types of UCMJ complaints?
Jul 12, 2007 · My husband is a Marine who is currently deployed to Iraq. He was called into a superior's office, told to grab all of his belongings from the barracks and his office, and to sit and wait until further notice. He was advised that he is not to speak to any individual from his unit, that he was essentially a "ghost" to them.
How to file a complaint of unfair treatment by an ALJ?
Special Note: Article 138 clearly states that complaints may be addressed to any superior commissioned officer. However, only the Air Force regulations allow the complainant to bypass their chain of command when filing a complaint. The Army requires that the complaint is filed with the "complainant's immediate superior commissioned officer." A complaint in the Navy or …
How do I file a complaint in the Navy or Marines?
There are several formal methods for requesting redress of grievances, including: Complaints through the chain of command. Correspondence with a Member of Congress. An Inspector General (IG) complaint for instances of fraud, waste, and abuse. An Equal Opportunity complaint for instances of discrimination or sexual harassment.
What are the different types of complaints in the military?
• If you filed a complaint about this matter with any other agency or organization. If yes, identify the name and address of the agency or organization and the date when the complaint was filed. If you need assistance filing your complaint, you may call us at (866) 574-0374. You should send the signed and dated discrimination complaint to:
How do I make a complaint about a Marine?
Naval Inspector GeneralWebsite: http://www.ig.navy.mil/Hotline Complaints Procedure: 4-Step Hotline Procedure.E-mail: [email protected]: http://hqinet001.hqmc.usmc.mil/ig/Hotline Complaints Procedure: 4-Step Hotline Procedure.E-mail: [email protected].
How do I report Marine misconduct?
The TEXT, WEB & APP Tip Line is a partnership between NCIS and the military community AND provides service members and civilians a safe, discreet and ANONYMOUS option to report criminal and force protection threats within the USN and USMC without concerns of retaliation. Call toll free (877) 579-3648.
Who investigates the Marine Corps?
The United States Marine Corps Criminal Investigation Division (Marine Corps CID or USMC CID) is a federal law enforcement agency that investigates crimes against people and property within the United States Marine Corps.
How do I report a military personnel?
Complaints of fraud, waste and abuse in the Department of Defense or any military service can be reported separately through a hotline that has been set up. Complaints can be called in Monday through Friday, 8am to 4pm EST, at 1-800-424-9098. You can also email your complaint.
Can Marines have social media?
Marines and Sailors using social media are subject to the UCMJ and Marine Corps/ Navy regulations at all times, even when off duty.
How do I contact the Marine Corps as an officer?
Marine Corps. 1-800-627-4637.Marine Corps Reserve. 1-800-627-4637.
What does CID do in the Marine Corps?
Marine Corps CID agents conduct all general criminal investigations under the jurisdiction of the CID and NCIS, which includes conducting covert operations, interrogation of witnesses and crime scene investigations.Jun 25, 2019
What is the difference between NCIS and CID?
(While NCIS handles most investigations, USMC CID still exists to investigate misdemeanors and felonies that don't fall under NCIS jurisdiction.) NCIS typically investigates crimes serious enough to result in imprisonment of more than one year upon conviction.
What is CID USMC?
CID Agents provide criminal investigative support to both supporting establishment law enforcement and deployed(slash)combat contingency operations.
What is an EO complaint?
The EO complaints processing system addresses complaints that allege unlawful discrimination or unfair treatment on the basis of race, color, religion, gender, and national origin.
How do you get kicked out of the military?
10 Most Common Ways Troops Get Thrown Out of the MilitaryFailing the whizz quiz. ... Taking one drug to hide another. ... Getting too drunk to remember what happened. ... Sex with someone who's underage. ... Sexting using a government phone. ... Playing fast and loose with marital status. ... Solving an argument with a fist. ... Failure to be not fat.More items...•Apr 8, 2016
Can a civilian file an IG complaint?
Anyone, including civilians with no Air Force affiliation, may file Fraud, Waste, and Abuse (FWA) complaints. Depending on the circumstances, the IG may also accept complaints from dependents or relatives of active duty members and retirees and their dependents.
What is the right to complain to the military?
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 ...
What is the commander's duty to notify the complainant of a request for redress?
The commander receiving the complaint must promptly notify the complainant in writing whether the demand for redress is granted or denied. The reply must state the basis for denying the requested relief. The commander may consider additional evidence and must attach a copy of the additional evidence to the file.
What is the format of a complaint under Article 138?
There is no specific written format for an Article 138 complaint, but it should be in normal military letter format , and should clearly state that it is a complaint under the provisions of Article 138 of the Uniform Code of Military Justice. The commander receiving the complaint must promptly notify the complainant in writing whether ...
How long does it take to file a complaint in the Air Force?
Procedures for Filing Complaint. Within 90 days (180 days for the Air Force) of the alleged wrong, the member submits his or her complaint in writing, along with supporting evidence, to the commander alleged to have committed the wrong. There is no specific written format for an Article 138 complaint, but it should be in normal military letter ...
What is UCMJ discipline?
Disciplinary action under the UCMJ, including nonjudicial punishment under Article 15 (however, deferral of post-trial confinement is within the scope of Article 138) Actions initiated against the member where the governing directive requires final action by the Office of the Secretary of the Service.
Who is required to file a complaint in the Army?
The Army requires that the complaint is filed with the "complainant's immediate superior commissioned officer.". A complaint in the Navy or Marine Corps must be submitted "via the chain of command, including the respondent.". Before reaching the general court-martial convening authority, an intermediate officer "to whom a complaint is forwarded" ...
Who can forward a copy of the GCMCA?
After taking final action, forward a copy of the complete file to the Secretary of the Service (i.e., Secretary of the Army, Secretary of the Air Force, ect.), for final approval/disposition. The GCMCA is prohibited from delegating his or her responsibilities ...
How long does it take to file a complaint with the military?
The complaint must, in many circumstances, be timely. If specific time limits for the complaint procedure being used (often 60 or 90 days) are not met, the military is normally not required to investigate the claim. Documentation is of great importance to any complaint.
What are the grievances of a service member?
Servicemembers may make a grievance resulting from: mistreatment by a superior; failure to act on a request (such as a request for medical attention or a request for hardship discharge); unlawfully restricting a servicemember’s rights; unlawful discrimination or sexual harassment; or,
What are the measures for requesting a redress of grievances?
The measures for requesting a redress of grievances are limited in their effectiveness . Servicemembers are hampered by two restrictions civilians do not face: The Feres Doctrine prevents members from suing their employer (the military) for monetary damages.
What is an IG complaint?
An Inspector General (IG) complaint for instances of fraud, waste, and abuse. An Equal Opportunity complaint for instances of discrimination or sexual harassment. An Article 138 ( UCMJ) complaint, for instances of specific abuse, discriminatory practices of a superior officer, or where the command is not following regulations.
Why is documentation important in a complaint?
Documentation is of great importance to any complaint. Do not assume the command or investigator will make a thorough and impartial investigation, and, if at all possible, gather documentation before the complaint is made.
What is a service member complaint?
A servicemember complains that his or her own Congress member has not helped. The case is of such political significance that many Congress members may work together. The issue is one that the Congress member is especially interested in (racism, sexual harassment, or military prisons, for example).
How does the military respond to a congressional inquiry?
The military’s response to a Congressional inquiry can depend on the attitude, experience, and dedication of the Congressional caseworker. It is often most effective if the servicemember meets directly with the caseworker (live or by phone) and also writes out the specific facts and questions to include in the inquiry.
What is a caseworker inquiry?
Caseworkers contact the military on behalf of a service member and ask for an explanation of the military’s actions. A standard Congressional inquiry consists of a cover letter and a copy of the service member’s letter, which is forwarded to the appropriate Service’s legislative liaison office. The legislative liaison forwards the letter to ...
What is the phone number for a US Representative?
US Representative. US Senator. The Capitol switchboard, at (202) 224-3121 or (800) 972-3524, can also identify a service member’s member of Congress and connect callers to the member’s office. Many caseworkers work at local district offices, which are usually listed at the bottom of the Congressmembers homepage.
What is the most effective way to prepare for an inquiry?
In preparing for an inquiry, it is normally most effective to stick to verifyable facts as opposed to conjecture about someone's motivation. For example, simply saying that someone in your specific command has it in for you or is racist is not convincing without evidence, even if it happens to be true.
Can you circulate a grievance to Congress?
However, the right to circulate a petition to Congress is heavily limited, particularly if the petition concerns conditions of military service or a war, or if the servicemember is stationed overseas. There is no formal process for redressing a grievance that must be followed and no definition of what constitutes a grievance.
Is there a formal process for redressing a grievance?
There is no formal process for redressing a gri evance that must be followed and no definition of what constitutes a grievance. A servicemember can ask that a member of Congress inquire about an injustice or issue that seems unfair.
Which court case allowed military judges to consider statements of guilt made to congressional representatives to be considered in criminal sentencing proceedings
However, a decision by the Court of Appeals of the Armed Forces – United States vs. Gorgas – allows military judges to consider statements of guilt made to congressional representatives to be considered in criminal sentencing proceedings.
How long does it take for a military caseworker to respond?
The command forwards this packet to an action officer for response within five days.
What is military arrest?
Definition of Military Arrest. If you have a problem involving a federal agency, including one of the branches of the military, you may request assistance from your United States senator or Congressional representative. If you are on active duty in any of the armed services, you have the same right to communicate with your elected representative as ...
Who to contact if you vote absentee?
In general, you should contact the representative of the district where you vote, even if you vote by absentee ballot. The location of your current duty station does not matter when it comes to determining which representative to contact.
Can a congressman help you?
Congressional representatives cannot help you with issues related to state agencies or private individuals, nor can they provide legal advice or represent you in court proceedings. Their function is to inquire about issues related to any federal agency, including a branch of the military, and to assist in resolving the issue, if possible. Appropriate issues for congressional complaints include fraud, mismanagement, discrimination, sexual harassment or violation of military regulations, among others.
Can a caseworker direct the military?
If necessary, the caseworker may request further information from the military, but the representative cannot direct the military to take any particular action. This article was written by Legal Beagle staff.
What are administrative inquiries and investigations?
These inquiries and investigations include commander-directed inquiries and investigations, Air Force Office of Special Investigations (AFOSI) or security forces investigations and investigations of civilian employees who have specific appeal rights under law or labor union agreements. Investigations under the authority of the UCMJ or the Manual for Courts-Martial (MCM), line of duty or report of survey investigations, quality assurance in the Air Force Medical Service Boards, Air Force mishap or safety investigations, and medical incident investigations are also not covered under the IG complaint program.
How to file a complaint with the IG?
How To File an IG Complaint: 1 If you believe you are unable to resolve your complaint in command channels, review the above to determine if the complaint should be filed with the IG. You may file a complaint if you reasonably believe inappropriate conduct has occurred or a violation of law, policy, procedure or regulation has been committed. 2 Complete the personnel data information on AF Form 102 (typed or printed legibly) (the preferred format for submitting complaints), so it may easily be reproduced. 3 Briefly, outline the fact and relevant background information related to the issue or complaint on AF Form 102. 4 List the allegations of wrongdoing BRIEFLY (in general terms) and provide supporting narrative detail and documents later when interviewed. Write the allegations as bullets that answer who committed the violation; what violation was committed; what law, policy, procedure, or regulation was violated; and when the violation occurred. 5 Submit the completed AF Form 102 to any Air Force IG and set up a follow-on meeting to discuss the complaint. 6 If the IG is named in the complaint, contact the next higher level IG.
Why do you need to give specific reasons for a complaint?
Specific reasons must be given as to why the complainant believes the original investigation was not valid or adequate; simply disagreeing with the findings is not sufficient for additional IG review. Request “express confidentiality” if they fear reprisal. Submit complaints anonymously.
Can the IG dismiss a complaint?
The IG may dismiss a complaint if, given the nature of the alleged wrong and the passage of time, there is a reasonable probability that insufficient information can be gathered to make a determination, or no special Air Force interests exist to justify investigating the matter.
Can an IG release a complainant's name?
IGs may release the name of a complainant only on an official need-to-know basis. Investigating officers do not divulge a complainant’s name to a subject or witness or permit the complainant to read the complaint without the IG’s or appointing authority’s written permission.