U.C.M.J. Article 138 Complaints, Congressional Complaints

Civilian defense attorneys Richard V. Stevens and Frank J. Spinner are best known for military court-martial trial defense and court-martial appellate practice successes.

This includes high profile/media involved military justice cases, and other serious military criminal cases that have resulted in dropped charges/cases and acquittals (not guilty of all charges and specifications).

While general court-martial (and sometimes special court-martial or summary court-martial) successes may result in more public recognition, there are many other military adverse actions that these military defense attorneys handle, that can have a dramatic impact on a military member’s career, future, and family.

When a military member feels wronged by his/her commander, the member has the right to file an “Article 138 complaint.” The reason for this name is these complaints are made in accordance with UCMJ Article 138. Generally, these complaints can be made for allegations that the commander:

• Violated law or regulation
• Acted beyond the commander’s authority
• Acted in a manner that was arbitrary, capricious, or an abuse of discretion
• Acted in a manner that was clearly unfair, or evidenced selective application or enforcement of regulations, policies, and/or standards

Attorney Richard V. Stevens represents and defends military commanders against whom an Article 138 complaint has been filed. As criminal defense lawyers, that is our primary involvement with Article 138 complaints. In limited circumstances, when an Article 138 complaint is determined to be an effective tool in our overall defense strategy in a given case, Mr. Stevens would also represent military members who seek to file an Article 138 complaint against a commander. This is a limited circumstance in the overall defense strategy, and not the reason for the representation.  

Congressional complaints are also an option for a military member who feels wronged within the military. Complaints can be made to a Congressperson or Senator about alleged mistreatment or malfeasance in the military. Attorney Richard V. Stevens represents and defends military commanders and other military members against whom a congressional complaint has been filed. Again, that is our role as defense lawyers. As above, in limited circumstances, when such a complaint is determined to be an effective tool in our overall defense strategy in a given case, Mr. Stevens would also represent military members who seek to file a congressional complaint. This is a limited circumstance in the overall defense strategy, and not the reason for the representation.  

Having an experienced and aggressive defense attorney on your side is absolutely vital in these military cases. Mr. Stevens is a civilian criminal defense attorney and former military JAG lawyer who exclusively practices military law and defends military members stationed around the world who are facing military trials, disciplinary actions, appeals, adverse actions, board hearings, and investigations.

If you’re involved in a possible Article 138 or congressional complaint, don’t hesitate to seek the legal help you’re going to need. For a free initial case consultation, please contact us.