UCMJ Defense & Article 138 Complaints

Black Law P.A. understands that an accusation of misconduct under the Uniform Code of Military Justice can place a service member's career, reputation, freedom, and benefits at risk all at once. Military justice operates on its own rules, its own timelines, and its own forums, and the consequences of a misstep can follow a service member long after separation. We represent enlisted members, non-commissioned officers, and officers across all branches in the full range of UCMJ matters, from the first sign of an investigation through trial and appeal.

Our representation extends across the spectrum of adverse military actions. We defend service members facing courts-martial at every level, including summary, special, and general courts-martial, and we are equally prepared to challenge non-judicial punishment under Article 15, administrative separation boards, boards of inquiry, and relief, reduction, or reprimand actions. Because so much is decided before charges are ever preferred, we move early to protect a member's rights during command and law enforcement investigations, to preserve evidence, and to control the narrative before it hardens against the client.

An adverse action rarely ends with the underlying proceeding. A conviction, a punitive discharge, or an unfavorable separation characterization can jeopardize retirement, education benefits, and future employment, and can trigger collateral consequences that reach well beyond the uniform. We counsel clients on these downstream effects from the outset, so that decisions made in the heat of a case account for their long-term impact on the member's standing and benefits.

We also represent service members who have been wronged by those above them. Article 138 of the Uniform Code of Military Justice, codified at 10 U.S.C. § 938, gives any member who believes he or she has been wronged by a commanding officer a formal mechanism to seek redress. The process begins with a request for redress directed to the commanding officer; if that request is refused, the member may submit a complaint to a superior commissioned officer, who is required to forward it to the authority exercising general court-martial jurisdiction over the officer complained against. These complaints are governed by strict procedural requirements and short filing windows that vary by service, and a complaint that is poorly framed or filed late can be lost on technical grounds. We help members build and present Article 138 complaints, as well as related inspector general and Navy Article 1150 submissions — complaints against a superior officer who is not the subject's commander — so that legitimate grievances receive the formal examination the law requires.

Black Law P.A. brings to military justice the same disciplined approach to evidence, procedure, and complex records that defines the firm's litigation practice. We work closely with clients and, where appropriate, alongside detailed military counsel, to ensure that every available defense, mitigating circumstance, and procedural protection is identified and pursued.

— Patrick Wier, Senior Attorney