Legal Question in Military Law in Colorado

Can I file an Art. 138 after having been separated?

I am currently out of the military. I was investigated by CID as a result of a tip given to them by my commander. The CID ROI concluded that there was no evidence of any crime being comitted, and reccomended no action. My commander ignored that, and had me court martialled for several charges, including the ones that CID determined were unfounded.

After being held in pre-trial confinement for over 40 days without being allowed to speak to an attorney, I took my 1SG's advice and filed for a Ch. 10 discharge, which was granted. I have since found proof that most of the charges are not just unfounded, but that my commander and one other individual lied in numerous official statements.

Can I file an Article 138 complaint against the commander even though I am no longer a Soldier?

Asked on 10/25/07, 8:38 pm

1 Answer from Attorneys

Philip D. Cave Military Law & Justice

Re: Can I file an Art. 138 after having been separated?

No, you can't file a 138.

It sounds like you might have a case to take to the Discharge Review Board to see if you can get your discharge upgraded. Not an easy task.

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Answered on 10/25/07, 8:55 pm

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