Article 138 and IG Complaints

Start Here If You Are New to Article 138 and IG Complaints

The Marine Corps provides two primary frameworks for complaints when something goes wrong. Article 138 of the UCMJ is a complaint against a commanding officer for wrongs the CO can refuse to redress at the local level. Inspector General (IG) complaints address waste, fraud, abuse, mismanagement, sexual harassment, reprisal, and other matters at any level. Article 138 has a strict 90-day filing window. IG complaints can be made at any time and at any level (unit IG, IGMC, DoDIG). Whistleblower protections apply to complaints about prohibited personnel practices per 10 U.S.C. 103410 U.S.C. 1034 and DoDD 7050.06DoDD 7050.06. Reprisal against a complainant is prohibited. The Marine retains the right to consult Defense Counsel and Personal Services Attorney throughout the complaint process. Per UCMJ Article 138, MCO 5370.7MCO 5370.7, and JAGMAN Chapter 3.

This page walks you through Article 138 and IG Complaints from your seat as a General Marine. By the end you will know.

• The difference between Article 138 and IG complaints
• The 90-day Article 138 filing window
• The Article 138 procedure (request mast, refusal, written complaint)
• IG complaint procedures (unit, IGMC, DoDIG)
• Whistleblower protections
• Reprisal complaint procedures
• The role of Defense Counsel and Personal Services Attorney
• What complaint tools do NOT do (e.g., do not replace civil rights claims)

Every fact on this page comes from UCMJ Article 138, MCO 5370.7MCO 5370.7, MCO 5800.16 Vol 1MCO 5800.16 Vol 1, JAGMAN Chapter 3, 10 U.S.C. 103410 U.S.C. 1034, DoDD 7050.06DoDD 7050.06, and IGMC and DoDIG published procedures.

When to Use Each Tool

Article 138

When YOUR commanding officer has wronged you and refused to redress the wrong at the local level. Examples.

• Your CO refused you a benefit or right you are entitled to.
• Your CO took an action against you you believe is unlawful or unjust.
• Your CO made a decision you can challenge.
• Specific wrongs that can be remedied by the next superior commissioned officer.

IG Complaints

When the issue is broader than a wrong by a specific CO, OR when you cannot effectively raise the issue with the chain of command. Examples.

• Waste, fraud, abuse.
• Mismanagement.
• Sexual harassment.
• Reprisal for protected disclosure.
• Hazardous working conditions.
• Misuse of government resources.
• Issues across the chain of command.
• When Article 138 is not applicable.

Military Equal Opportunity Complaints

Discrimination or harassment based on a protected category routes through the Military Equal Opportunity program, not through Article 138 or the IG. Three lanes exist under MARADMIN 380/26MARADMIN 380/26.

• Confidential report to an Equal Opportunity Advisor. Services with no command notification, inquiry, or investigation outside three narrow exceptions. Convert to a complaint later if you choose.
• Informal complaint on NAVMC 11512NAVMC 11512. Conflict resolution offered where feasible, voluntary for both sides.
• Formal complaint on NAVMC 11512NAVMC 11512. Your commander decides within 30 calendar days of receipt.

File within 60 calendar days of the most recent incident, 120 calendar days if you are a Reserve Marine. An anonymous report of discrimination opens no MEO complaint. See Equal Opportunity Reporting for the full walkthrough.

Both Tools at Once

Some situations support both. Article 138 for the specific CO action. IG complaint for the broader issue. The PSA can advise.

Article 138 Procedure

Per UCMJ Article 138 and JAGMAN Chapter 3.

Step 1. Identify the Wrong

The wrong must be by your commanding officer. The wrong must be specific (e.g., a denial of a request, an adverse action, a refusal to redress an unlawful situation).

Step 2. Request Redress From the Commanding Officer

You must FIRST request redress from the commanding officer who committed the wrong. Typically through a written or formal request.

Step 3. CO Refuses Redress (or Fails to Respond)

If the CO refuses redress or fails to respond within a reasonable time, you proceed to the formal complaint.

Step 4. File Written Complaint Within 90 Days

Per UCMJ Article 138, you must file the written complaint within 90 days of the wrong (or the date you knew or should have known of the wrong).

What Goes in the Complaint

• Your identity (name, grade, unit, DoD ID).
• The CO who committed the wrong.
• A specific factual description of the wrong.
• A description of the request for redress and the CO's refusal.
• The relief you seek.
• Supporting documentation.

Step 5. Submit to the Next Superior Commissioned Officer

The complaint goes to the next superior commissioned officer above the CO who committed the wrong. Per Article 138, the superior officer must.

• Examine the complaint.
• Take proper measures for redress.
• Forward the complaint to higher authority if the situation warrants.

Step 6. Investigation and Response

The next superior officer typically appoints an investigator (per JAGMAN). The investigator interviews witnesses, reviews documents, and provides findings. The next superior officer issues a decision.

Step 7. Further Appeal

If the next superior officer's decision does not redress the wrong, you may pursue further action through.

• Higher echelon Article 138 complaints.
• IG complaint.
• Board for Correction of Naval Records (BCNR).

What Article 138 Does NOT Cover

• Routine personnel decisions (e.g., performance evaluations, normal duty assignments) absent specific wrongs.
• Matters within the CO's lawful discretion exercised properly.
• Matters governed by separate redress processes (e.g., FITREP appeals through PERB).
• Disagreements with policy or procedure (no specific wrong).

IG Complaint Procedure

IG Levels

The Marine Corps IG framework operates at multiple levels.

Unit IG

Many units have an IG point of contact (typically a Deputy IG or unit equivalent). The unit IG handles complaints within the unit's authority.

Inspector General of the Marine Corps (IGMC)

The Marine Corps-wide IG. Handles complaints across the Marine Corps. Reports to CMC.

Department of Defense Inspector General (DoDIG)

The DoD-wide IG. Handles complaints involving multiple services or matters of DoD-wide significance.

IG Complaint Filing

Anonymous Complaints

Some IG offices accept anonymous complaints. The complaint may receive limited investigation depending on the specifics.

Identified Complaints

Complaints with the complainant identified typically receive more thorough investigation. Identified complaints also benefit from whistleblower protections.

What to Include in an IG Complaint

• Your identity (or anonymous if you choose).
• A specific factual description of the issue.
• Names and positions of involved persons.
• Dates and locations.
• Supporting documentation.
• Specific relief or action sought.

IG Investigation Process

The IG.

• Reviews the complaint for jurisdiction and basis.
• Conducts initial inquiry.
• Refers to investigators if substantive issues exist.
• Issues findings and recommendations.
• Coordinates with the chain of command for action.

IG Hotline

DoDIG operates a hotline for confidential complaints.

• Phone. 1-800-424-9098.
• Web. https://www.dodig.mil/Components/Administrative-Investigations/Whistleblower-Reprisal-Investigations/.
• Mail. DoD Inspector General, Defense Hotline, 4800 Mark Center Drive, Alexandria, VA 22350.

The Marine Corps IGMC also operates a complaint intake. Coordinate through your unit IG point of contact or contact IGMC directly.

Whistleblower Protections

Per 10 U.S.C. 103410 U.S.C. 1034 and DoDD 7050.06DoDD 7050.06, military whistleblowers are protected from reprisal.

What Constitutes Protected Disclosure

A protected disclosure is communication.

• To a member of Congress.
• To an IG.
• To a member of the chain of command.
• To other authorized persons.

About a violation of law or regulation, gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health or safety.

What Reprisal Means

Reprisal is taking or threatening to take an unfavorable personnel action against a member because of a protected disclosure. Examples.

• Adverse FITREP entries motivated by the disclosure.
• Reduction in grade motivated by the disclosure.
• Punitive transfer or assignment.
• Disciplinary action motivated by the disclosure.
• Other unfavorable personnel actions.

Reporting Reprisal

Reprisal complaints are reported to the IG. The IG investigates and may recommend.

• Restoration of the affected member's status.
• Disciplinary action against the reprisal actor.
• Other remedies.

Reprisal Time Limits

Reprisal complaints typically must be filed within 1 year of the reprisal action (subject to specific framework).

The Role of Defense Counsel and PSA

Defense Counsel

Defense Counsel advises Marines facing UCMJ matters or formal disciplinary action. If your complaint relates to a UCMJ matter against you, consult Defense Counsel first.

Personal Services Attorney

The PSA advises on Article 138 and IG complaint matters generally. The PSA can.

• Help you understand whether the complaint is appropriate.
• Help you draft the complaint document.
• Advise on procedural considerations.
• Refer to civilian attorneys for matters beyond JAG scope.

Confidentiality

Communications with both Defense Counsel and PSA are protected by attorney-client privilege under Military Rule of Evidence 502.

Common Article 138 and IG Scenarios

Scenario 1. CO Refused a Reasonable Leave Request

CO denied a Marine's emergency leave request without proper basis.

• Step 1. Request reconsideration from the CO.
• Step 2. If denied, file Article 138 complaint within 90 days.
• Step 3. Submit to next superior officer.
• Step 4. Coordinate with PSA.

Scenario 2. Sexual Harassment by Superior

Marine experiences sexual harassment from a superior.

• File IG complaint.
• Coordinate with EEO and SAPR if applicable.
• Coordinate with PSA for legal counsel.
• Reprisal protections apply.

Scenario 3. Suspected Waste, Fraud, Abuse

Marine observes financial mismanagement in the command.

• File IG complaint (anonymous if desired).
• Whistleblower protections apply if subsequent reprisal.
• Coordinate with PSA if uncertainty about disclosure scope.

Scenario 4. Reprisal After Reporting Misconduct

Marine reported misconduct to the chain of command. Subsequent adverse FITREP appears motivated by the report.

• File reprisal complaint with IG.
• Time limits apply (typically 1 year).
• Coordinate with Defense Counsel.
• The PERB appeals process may also apply for the FITREP itself.

Scenario 5. Hazardous Working Conditions

Marine observes hazardous working conditions in the unit.

• Report to chain of command first.
• If chain does not act, file IG complaint.
• Coordinate with safety officer and Naval Safety Center.

What Complaint Tools Do NOT Do

Civil Rights Claims

Civil rights claims (e.g., Title VII discrimination claims for civilian employees) follow separate processes.

Civilian Court Litigation

These tools are administrative remedies within the military system. Civilian court remedies may apply separately. Coordinate with PSA for guidance on parallel civilian options.

Performance Evaluation Appeals

PERB handles FITREP appeals separately from Article 138 and IG. The FITREP Appeals (PERB Process) leaf covers PERB.

Common Mistakes Marines Make

Mistake 1. Missing the 90-Day Window

Article 138 has a strict 90-day filing window. Late filings are typically rejected.

Mistake 2. Skipping the Step of Requesting Redress

Article 138 requires you to first request redress from the CO. Skipping this step undermines the complaint.

Mistake 3. Filing a Vague Complaint

Complaints with vague allegations are difficult to investigate. Specific facts, dates, names, and supporting documentation strengthen complaints.

Mistake 4. Filing IG Complaints for Disagreements With Decisions

The IG addresses misconduct, not disagreements with policy or properly exercised discretion. The IG generally will not substitute judgment for decisions within authority.

Mistake 5. Not Consulting PSA

The PSA can identify procedural pitfalls and strengthen the complaint. Free consultation.

Mistake 6. Burning Bridges

Complaints are formal procedures, but they create relationships within the chain of command. Continue to perform the duties of the role professionally during the complaint process.

Common Questions Marines Ask

What is Article 138?

UCMJ Article 138. Allows any Marine wronged by a commanding officer (whose wrong is not redressed) to complain in writing to the next superior commissioned officer.

How long do I have to file Article 138?

Within 90 days of the wrong (or the date you knew or should have known of it).

What is the IG?

The Inspector General. Multiple levels (unit, IGMC, DoDIG). Receives complaints about waste, fraud, abuse, mismanagement, sexual harassment, reprisal, and other matters.

When do I use Article 138 vs IG?

Article 138 for specific wrongs by your CO that the CO refused to redress. IG for waste, fraud, abuse, broader issues, or when the chain of command will not address the issue.

What are whistleblower protections?

Per 10 U.S.C. 103410 U.S.C. 1034 and DoDD 7050.06DoDD 7050.06, military members are protected from reprisal for protected disclosures (to Congress, IG, chain of command, or authorized persons) about violations of law, gross mismanagement, abuse of authority, or substantial danger.

What if I am being retaliated against for reporting misconduct?

File a reprisal complaint with the IG. Time limits apply (typically 1 year). Coordinate with Defense Counsel.

Should I consult an attorney before filing?

Yes. The Personal Services Attorney provides free consultation. Defense Counsel for UCMJ-related matters.

Can I file an IG complaint anonymously?

Some IG complaints can be anonymous. The investigation may be limited but the complaint is still received. Identified complaints typically receive more thorough investigation and benefit from whistleblower protections.

What happens after I file an Article 138 complaint?

The next superior commissioned officer examines the complaint, takes proper measures for redress, and forwards if higher action is needed. Investigation typically follows.

What happens after I file an IG complaint?

The IG reviews for jurisdiction, conducts initial inquiry, refers to investigators if substantive issues exist, and issues findings and recommendations.

Do I have to be present for the investigation?

You may be interviewed as the complainant. The IG or appointed investigator coordinates.

Can my chain of command retaliate against me for filing?

Reprisal is prohibited per 10 U.S.C. 103410 U.S.C. 1034. If retaliation occurs, file a reprisal complaint with the IG.

Where to Go for Help

Routing by Issue

• Article 138 complaint preparation. Personal Services Attorney at installation LSSS or OSJA.
• IG complaint preparation. Personal Services Attorney for advice. Direct submission to IG also available.
• Unit IG point of contact. Through unit S-1 or chain of command.
• Inspector General of the Marine Corps (IGMC). https://www.hqmc.marines.mil/igmc/.
• Department of Defense Inspector General (DoDIG). https://www.dodig.mil/. Hotline 1-800-424-9098.
• Whistleblower reprisal complaints. DoDIG Whistleblower Reprisal Investigations.
• Reprisal-related FITREP appeals. The FITREP Appeals (PERB Process) leaf and PSA.
• Defense Counsel for any UCMJ-related matter. Installation LSSS or OSJA Defense Counsel.

Where to Go Next on This Site

• Legal Services landing page lists all topics.
• Legal Services Overview and How to Get Help covers PSA and Defense Counsel access.
• Article 31 Rights and Investigations covers your rights when questioned.
• NJP (Non-Judicial Punishment) covers Captain's Mast.
• Court-Martial Process covers the trial framework.
• Sexual Assault Reporting and Special Victims' Counsel covers Restricted and Unrestricted reporting of sexual assault.
• Equal Opportunity Reporting covers discrimination and harassment complaints, including the confidential reporting lane.
• FITREP Appeals (PERB Process) covers FITREP-specific appeals.

Related Roles

• Leaders coach Marines on the appropriate complaint tool and procedural requirements.
• Admin at S-1 supports complaint document handling and routing.
• Commanders cooperate with Article 138 and IG investigations and respect complainant rights.

Two primary tools for complaints. Article 138 of the UCMJ for wrongs by your commanding officer (90-day filing window). Inspector General complaints at multiple levels (unit, IGMC, DoDIG) for waste, fraud, abuse, mismanagement, sexual harassment, reprisal, and other matters. Whistleblower protections per 10 U.S.C. 103410 U.S.C. 1034 and DoDD 7050.06DoDD 7050.06. Reprisal prohibited. Personal Services Attorney provides free consultation throughout. Defense Counsel for UCMJ-related matters.