Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- 2. Response by the Commanding Officer
- Return to Table of Contents 226
| D. Procedures 1. Request for Redress Before submitting a complaint under UCMJ, Art. 138, a member of the Armed Forces must make a written request for redress of the wrong (which maybe made through electronic message) to the commanding officer the member believes has wronged the member. The request for redress generally should be prepared in memorandum format and must clearly identify the commanding officer against whom it is made, the date and nature of the alleged wrong, and if possible, the specific redress desired. 2. Response by the Commanding Officer A commanding officer receiving a request for redress submitted under this regulation will respond, in writing (which maybe made through electronic message, in a timely manner so that the complainant will receive the response within 15 days (or 60 days for reserve component commanders not on active duty. If a final response within 15 days is not possible, an interim Return to Table of Contents 226 response will be provided that indicates the estimated date of a final response. The regulation defines a failure to respond as a refusal for redress. 3. Refusal of Redress and Submission of Article 138 Complaint If the commander committing the alleged wrong responds with a refusal to redress, the complainant may now submit an Article 138 complaint. The complainant will deliver the complaint to the complainant’s immediate superior commissioned officer within 90 days of the date of complainant’s discovery of the wrong, excluding any period during which the request for redress was in the hands of the commander-respondent. A superior commissioned officer who receives a complaint under the provisions of Article 138 will promptly forward it to the General Courts-Martial Convening Authority (GCMCA) exercising jurisdiction over the officer against whom the complaint is made. Any other person receiving a complaint (except the appropriate GCMCA) will forward it to the complainant’s immediate superior commissioned officer or to the appropriate GCMCA. The person receiving the complaint, or through whom it is forwarded, may add pertinent material to the file or grant any redress within that person’s authority. If either action is taken, it will be noted in the transmittal. Commanders who receive an Article 138 complaint should consult with their servicing judge advocate as soon as possible. Download 4.49 Mb. Share with your friends:
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