10 U.S.C. § 938

Current through P.L. 116-155 (8/8/2020)
Section 938 - 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.

10 U.S.C. § 938

Aug. 10, 1956, ch. 1041, 70A Stat. 78.

HISTORICAL AND REVISION NOTES
Revised sectionSource (U.S. Code)Source (Statutes at Large)
93850:734.May 5, 1950, ch. 169, §1 (Art. 138), 64 Stat. 144.
The words "commanding officer" are substituted for the word "commander". The word "who" is inserted after the word "and". The word "commissioned" is inserted after the word "superior" for clarity. The words "The officer exercising general court-martial jurisdiction" are substituted for the words "That officer" for clarity. The word "send" is substituted for the word "transmit". The word "Secretary" is substituted for the word "Department" for accuracy, since the "Department", as an entity, could not act upon the complaint.

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
armed forces
The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
commissioned officer
The term "commissioned officer" includes a commissioned warrant officer.
officer
The term "officer" means a commissioned or warrant officer.