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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.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11872
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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Recent Harassment Questions

  • I think you answered my question back in March when I was being

    I think you answered my question back in March when I was being subjected to a 15-6. I was notified today to meet with the Battalion Commander on the result/findings of the investigation. The initial 15-6 was addressed to a Soldier but in the process of investigation, it reversed and focused on me. I was advised to plea the 5th but I could not leave the Soldier hanging. The Soldier is in the retirement process and moved to his state of residence but has been called back on Thursday to receive a GOMOR from the 1st line general officer. Same day he receives his GOMOR, I am being requested to attend a meeting/counseling and the BN CDR has requested the presence of the HR director. At what point do I need to obtain an attorney for an EEO case?
  • My wife is in a training command and today she was told she

    My wife is in a training command and today she was told she would most likely be removed from the program due to her being pregnant. We just found out and followed the proper channels and notified everyone in chain. Even though she would graduate C-School before baby is born. She is a corpsman in the USN and trying to be a labtech. All her instructors like her that we know of and she is one of the better students in the phase 2 training command. Were sire we could also get letters from most of her superiors. Do we have any grounds to fight this.
  • im under investigation by ncis for harassment...the

    im under investigation by ncis for sexual harassment...the alleged victim(s) say that i've said inappropriate comments to them and have touched them without them wanting to be touched. i was questioned at ncis and i told them sometimes we all joke around in the workplace which is true and that i was not under the impression that people where feeling uncomfortable with the inappropriate talk and touching. they are currently investigating the entire division on behalf of the allegation. and some people claim it to be true while others agree we all joke around and its not fair to single one person out. im just wondering how far this will go and what type of consequences im potentially facing for this type of allegation. in in the navy on a ship.
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