Louisiana Administrative Code
Title 41 - MILITARY FORCES OF THE STATE
Part II - Military Justice
Chapter 9 - Complaints Under Article 138, LCMJ
Section II-901 - General

A. Purpose. This chapter establishes procedures for the preparation, submission, and disposition of complaints made pursuant to Article 138, LCMJ by a member of the Louisiana National Guard against a commanding officer.

B. Applicability. This chapter applies to all members of the Louisiana National Guard as defined in LCMJ Article 1.

C. Resolution of Complaints. LANG policy is to resolve complaints at the lowest level of command and to provide adequate administrative procedures for such resolution. Article 138, LCMJ, is one of several methods available. It provides for consideration at three successive levels. The first attempt to resolve a perceived wrong must be between the service member and the commanding officer whom the service member believes committed the wrong. If conventional measures are unsuccessful, the service member may submit a request for redress under Article 138. Every reasonable measure should be taken to resolve complaints at this lowest level. The principal responsibility for acting on Article 138 complaints lies with the Adjutant General (TAG).

D. Right to Complain. A member of the Louisiana National Guard has a statutory right to submit an Article 138 complaint. Commanders will not restrict the submission of such complaints or retaliate against a member for submitting a complaint.

E. Complaint to be Forwarded. Every complaint will be expeditiously forwarded to the the Adjutant General unless voluntarily withdrawn by the complainant.

F. Complainant Not a Participant. A service member who submits an Article 138 complaint does not have a right to participate in any ensuing procedures under this regulation. However, the service member may be asked to testify, provide additional information, or otherwise assist in resolving the complaint.

G. Presumption of Regularity. If the available evidence does not establish the validity of a complaint, despite vigorous, good faith investigative efforts to do so, a commanding officer is presumed to have acted properly.

H. Processing Complaints Through Command Channels. Complaints are processed in the chain of command. Area jurisdiction and attachments and assignments for LCMJ or other administrative purposes do not affect the processing of Article 138 complaints. When forwarding a complaint to the Adjutant General, intermediate commanders may deviate from strict adherence to command channels if such deviation will facilitate action on the complaint. However, no commander who has a direct interest in the complaint will be bypassed.