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Military Harassment Laws

Harassment takes on many different forms. Verbal and sexual harassment seems to be two of the top forms of harassment. However, harassment can be used in other aspects. Many people go to the Experts to find answers to the many questions about harassment. Military harassment questions are answered by the Military Experts every day. Below are five of the top military harassment questions that have been answered by the Experts.

What can a soldier do if he is being harassed by his new chain of command?

A soldier will usually have two choices in a situation like this. First, you can obey any orders that the chain of command is requests and move on. The second thing you could do is ask to speak to the commanding officer (CO). In the event that the CO is the one who has wronged you, you need to file a Uniform Code of Military Justice (UCMJ) complaint, Art. 138. The description of Art.138 as stated on this website:
http://usmilitary.about.com/cs/militarylaw/a/article138.htm

Article 138 is one of the most powerful rights under the Uniform Code of Military Justice (UCMJ), but it is one of the rights least known and least used by military personnel. Under Article 138 of the UCMJ, "any member of the armed forces who believes himself (or herself) wronged by his (or her) commanding officer" may request redress. If such redress is refused, a complaint may be made and a superior officer must "examine into the complaint."

Article 138 of the Uniform Code of Military Justice (UCMJ) gives every member of the Armed Forces the right to complain that he or she was wronged by his or her commanding officer. The right even extends to those subject to the UCMJ on inactive duty for training.

Matters appropriate to address under Article 138 include discretionary acts or omissions by a commander that adversely affect the member personally and are:
  • In violation of law or regulation
  • Beyond the legitimate authority of that commander
  • Arbitrary, capricious, or an abuse of discretion, or
  • Clearly unfair (e.g., selective application of standards).

If a civilian woman is sexually assaulted by a retired military officer, where should she file the complaint?

You should go to a civilian court house nearest to the location of the incident. You can file a criminal complaint and a restraining order against the man if he is fully retired from the military. If you need assistance in filling the forms out, the court clerk can help you. If the assault happened while the military officer was on active duty, the UCMJ has provisions that allow the recall of the retired member to active duty for the sole purpose of courts-martial.

Is gender harassment illegal and can you sue the Army for this?

Gender harassment of any kind is illegal in the military; however you cannot sue the military for this type of harassment. The Feres Doctrine prohibits service members from suing the military for any injuries that they sustain while on active duty. You need to report the harassment to your commanding officer. They will have the policy on harassment and can take action for you.

What can be done about a superior who is harassing a sailor and creating a hostile work environment?

You need to file an Article 1150 complaint against the person who is harassing you. If your CO is allowing this type of behavior, you can file a complaint under Art. 138, UCMJ. Your Co cannot retaliate against you for filing either complaint. It is your right to submit the complaints and the retaliation is prohibited. Another option for you would be to file a complaint to the Inspector General. You can also request a formal complaint with the Command Managed Equal Opportunity (CMEO).

What will happen if a civilian claims that a soldier is harassing them?

Usually, there will be an investigation on any claim. If the claim involves sexual harassment of sexual assault, the Criminal Investigation Department (CID) usually gets involved. However, if it is verbal harassment, generally a 15-6 investigation will be performed. Harassment is found in every area of the work force and our daily l

ives. Military harassment is one of the more stressful types of harassment. If you find yourself dealing with military harassment, the Military Experts can help. The Experts offer legal insight to the military laws and offer solutions to your individual situations. You want to know what your rights are when dealing with military harassment. The Experts can explain military law and explain your legal rights when dealing with harassment.
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Recent Harassment Questions

  • If you are being falsely accused of harassment, what

    If you are being falsely accused of sexual harassment, what are the steps in order to prove this and to get the case closed?
  • I have a "no contact order" placed against me which was initiated

    I have a "no contact order" placed against me which was initiated at the beginning of a 15-6 investigation. The investigation revealed that there was an inappropriate relationship between me and a senior member of my chain of command due to perception, there was no ACTUAL proof. We were both issued GOMORs that were filed in our permanent fish, despite the recommendation from everyone in the chain for a local file. The senior member was moved out of the battalion and attached to a different unit on the same base. There no longer exists any of the influence that could be perceived, and we are both NCOs. 7 months later, the no contact order (which was put in place for the investigation) still remains in place, regardless of the changed situation. I feel as if I'm being continually punished and discriminated against. I am the ONLY single female in my battalion, in a very small unit. I have since gone to the board and became promotable and received awards for my work. Do I have a leg to stand on to try and fight this order as being illegal? The reason that it was imposed, no longer exists and never will again, so what do I do?
  • involving the charge of adultery in the Army

    I have a question involving the charge if adultery. My husband and I live separate from one another due to our jobs and have a verbal separate maintenance agreement(in my state a separation decree is not required). We have agreed to allow the other to have friendships/relations with the opposite sex provided it does not negatively affect the other party and our jobs. I am a civilian he is in the Army. Recently my husband befriended a young lady and when the relationship got too close for comfort he ended it. He never hid it from me and the more he tried to get away from her the more she has harassed us both.She has since gone to his commander for adultery claiming she has pictures. I spoke to the commander tonight and told her my situation. I explained the young lady knew he was married the whole time. I explained harassment I have endured and her attempts to extort money or time from my husband. I personally think she is bluffing about photos of him and her in the act as my husband swears he did not and has always been truthful to me and I personally think she was just trying to force a divorce, but even if she had such photos how much trouble would he get into. She is a civilian and I have proof that she knew he was married when she began to pursue him I also have the proof of harassment and was asked by the commander today to get a restraining/no contact order. Nothing ever happened on the Military's time and none of his coworkers new about it. Ge changed his number twice and she has persisted. She has a history with the same behavior with another SSG who was also married. I told the commander about our alternative agreement and how the relationship never bothered me until the harassment but my husband said I should not have told her that. I really don't believe there was sex but it is not relationship ending if there was. I just would like to know the most likely scenario.I just do not think it is fair for someone to be ok with something for months and then be allowed to cry victim when they do not get their way

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