Art. 138. Complaints of wrongs
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.
This article provides for redress of wrongs inflicted
by a commanding officer on subordinates, and it
prescribes the procedure to be followed by subordinates
to apply for such redress.
Art. 139. Redress of injuries to property
(a) Whenever complaint is made to any
commanding officer that willful damage has
been done to the property of any person or that
his property has been wrongfully taken by
members of the armed forces, he may, under
such regulations as the Secretary concerned may
prescribe, convene a board to investigate the
complaint. The board shall consist of from one
to three commissioned officers and, for the
purpose of that investigation, it has power to
summon witnesses and examine them upon
oath, to receive depositions or other
documentary evidence, and to assess the
damages sustained against the responsible
parties. The assessment of damages made by the
board is subject to the approval of the
commanding officer, and in the amount
approved by him shall be charged against the pay
of the offenders. The order of the commanding
officer directing charges herein authorized is
conclusive on any disbursing officer for the
payment by him to the injured parties of the
damages as assessed and approved.
(b) If the offenders cannot be ascertained,
but the organization or detachment to which
they belong is known, charges totaling the
amount of damages assessed and approved may
be made in such proportion as may be
considered just upon the individual members
thereof who are shown to have been present at
the scene at the time the damages complained
of were inflicted, as determined by the
approved findings of the board.
Nonjudicial Punishment
If you break a rule or are negligent, careless, or
unmilitary in your conduct, an officer or petty officer
may put you on report. Being put on report means you
may appear before the commanding officer at a
specified time for nonjudicial punishment (UCMJ,
art. 15); that is, you may appear at captain’s mast.
Art. 15. Commanding Officer’s nonjudicial
punishment
(a) Under such regulations as the President
may prescribe, and under such additional
regulations as may be prescribed by the
Secretary concerned, limitations may be placed
on the powers granted by this article with respect
to the kind and amount of punishment
authorized, the categories of commanding
officers and warrant officers exercising
command authorized to exercise those powers,
the applicability of this article to an accused who
demands trial by court-martial, and the kinds of
courts-martial to which the case may be referred
upon such a demand. However, except in the
case of a member attached to or embarked in a
vessel, punishment may not be imposed upon
any member of the armed forces under this
article if the member has, before the imposition
of such punishment, demanded trial by
court-martial in lieu of such punishment. Under
similar regulations, rules may be prescribed with
respect to the suspension of punishments
authorized hereunder. If authorized by
regulations of the Secretary concerned, a
commanding officer exercising general
court-martial jurisdiction or an officer of general
or flag rank in command may delegate his
powers under this article to a principal assistant.
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