Redress of Grievances/Complaints of Wrongs

Rights of the Accused One area deserves special caution: preservation of the subject’s rights. Under article 31, UCMJ, an official must inform all suspects of the charges against them and of their right to remain silent. That official must advise suspects that anything they say may be used as evidence against them at a trial by court-martial. Under other provisions of law, a suspect also may have a right to legal counsel before and during any interview. The official must advise suspects of those rights and provide them with the opportunity to exercise those rights before questioning them. Failure to do so could prevent the use of self-incriminating statements made by suspects in disciplinary proceedings. That could result in the loss of the entire case. You should not question any suspect, but should leave that task to personnel with proper training, such as legal or law enforcement personnel. In some cases though, you may have to question the person you are placing on report about the offense(s) he or she allegedly committed. If this situation does occur, make sure you properly advise that person of his or her rights under article 31 of the UCMJ. Remember that the report chit you start—the act of placing someone on report for violating the UCMJ—could eventually lead to a court-martial of that person. Redress of Grievances/Complaints of Wrongs As a second class petty officer, you need to be aware that under article 138 of the UCMJ “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 shall, as soon as possible, send to the Secretary concerned a true statement of that complaint, with the proceedings had thereon.” In addition, under article 1150, United States Naval Regulations, “if any person in the naval service considers themself wronged by an act, omission, decision, or order of a person who is superior in rank, or command, that member shall not fail in maintaining a respectful bearing toward such superior, but may report the wrong to the proper authority for redress in the manner provided in this article.” The report should clearly identify the respondent (the superior against whom it is made), the wrong complained of, and the redress desired. A complainant (the person submitting a report under this article) may be held accountable by the officer responsible for the resolution of the report if the report is found to be vexatious, frivolous, or false. The report may not be joined with reports by other complainants. A complaint of wrong does not apply when a subordinate complains about another petty officer shouting at him or her or a similar incident that can be handled at a lower level in the chain of command. A complaint of wrong is a very serious charge and should not be made lightly. The first step is to seek advice from someone in authority. Consult with a division officer, command master chief, leading chief petty officer, or the appropriate official for the situation. Then request a review. The Manual for the Judge Advocate General, JAGINST 5800.7, chapter III, gives further guidance for filing a complaint. 2-6 Q5. Under article 31 of the UCMJ special caution is cited for which of the following areas? 1. Preservation of the accused’s rights 2. Right to see the results of inquiry 3. Preservation of the identity of the accuser 4. Communication with the accuser REVIEW QUESTION Q6. What is the first step a petty officer must do when considering a complaint of wrong? 1. Tell the commanding officer 2. Seek advice from someone in authority 3. Put in a request chit 4. Start a preliminary investigation REVIEW QUESTION