10 U.S.C. § 938 — Art. 138. Complaints of wrongs

Page 840 TITLE 10—ARMED FORCES § 938 (2) maintained by the Secretary of Defense in electronic formats that are updated periodi- cally and made available on the Internet. (Aug. 10, 1956, ch. 1041, 70A Stat. 78; Pub. L. 99–661, div. A, title VIII, § 804(d), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 104–106, div. A, title XI, § 1152, Feb. 10, 1996, 110 Stat. 468; Pub. L. 114–328, div. E, title LXI, § 5503, Dec. 23, 2016, 130 Stat. 2960; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(R), Dec. 12, 2017, 131 Stat. 1599; Pub. L. 118–31, div. A, title XVII, § 1722(f)(3), Dec. 22, 2023, 137 Stat. 671; Pub. L. 118–159, div. A, title XVII, § 1701(a)(17), Dec. 23, 2024, 138 Stat. 2204.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 937 .......... 50:733. May 5, 1950, ch. 169, § 1 (Art. 137), 64 Stat. 144. The word ‘‘each’’ is substituted for the word ‘‘every’’. The word ‘‘member’’ is substituted for the word ‘‘per- son’’. The words ‘‘in [any of] the armed forces of the United States’’ are omitted as surplusage. Editorial Notes CODIFICATION Another section 1722(f) of Pub. L. 118–31 amended sec- tion 973 of this title. AMENDMENTS 2024—Subsec. (a)(2)(B). Pub. L. 118–159 inserted ‘‘the’’ before ‘‘Space Force’’. 2023—Subsec. (a)(1)(C). Pub. L. 118–31, § 1722(f)(3)(A), added subpar. (C). Subsec. (a)(2)(B), (C). Pub. L. 118–31, § 1722(f)(3)(B), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (b)(1)(B). Pub. L. 118–31, § 1722(f)(3)(C), in- serted ‘‘or the Space Force’’ after ‘‘in a reserve compo- nent’’. Subsec. (d)(1). Pub. L. 118–31, § 1722(f)(3)(D), sub- stituted ‘‘, to a member of a reserve component, or to a member of the Space Force,’’ for ‘‘or to a member of a reserve component,’’. 2017—Subsec. (a)(1). Pub. L. 115–91, § 1081(c)(1)(R)(i), struck out ‘‘(the Uniform Code of Military Justice)’’ after ‘‘this chapter’’ in introductory provisions. Subsec. (b). Pub. L. 115–91, § 1081(c)(1)(R)(ii), which di- rected amendment of subsec. (b) by striking out ‘‘(the Uniform Code of Military Justice)’’ after ‘‘this chap- ter’’ in the matter preceding subparagraph (A), was ex- ecuted by making the amendment in introductory pro- visions of par. (1) of subsec. (b), to reflect the probable intent of Congress. Subsec. (d). Pub. L. 115–91, § 1081(c)(1)(R)(iii), struck out ‘‘(the Uniform Code of Military Justice)’’ after ‘‘this chapter’’ in introductory provisions. 2016—Subsec. (a). Pub. L. 114–328, § 5503(1), inserted heading. Subsec. (a)(1). Pub. L. 114–328, § 5503(1), substituted ‘‘The sections (articles) of this chapter (the Uniform Code of Military Justice)’’ for ‘‘The sections of this title (articles of the Uniform Code of Military Justice)’’ in introductory provisions. Subsecs. (b) to (d). Pub. L. 114–328, § 5503(2), (3), added subsecs. (b) to (d) and struck out former subsec. (b) which read as follows: ‘‘The text of the Uniform Code of Military Justice and of the regulations prescribed by the President under such Code shall be made available to a member on active duty or to a member of a reserve component, upon request by the member, for the mem- ber’s personal examination.’’ 1996—Subsec. (a)(1). Pub. L. 104–106 substituted ‘‘with- in fourteen days’’ for ‘‘within six days’’. 1986—Pub. L. 99–661 amended section generally, in- serting provisions relating to reserve components. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under sec- tion 801 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–661 effective the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Pub. L. 99–661, set out as a note under section 802 of this title. § 938. Art. 138. Complaints of wrongs 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 for- ward the complaint to the officer exercising gen- eral 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 he shall, as soon as possible, send to the Secretary concerned a true statement of that complaint, with the proceedings had thereon. (Aug. 10, 1956, ch. 1041, 70A Stat. 78.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 938 .......... 50:734. May 5, 1950, ch. 169, § 1 (Art. 138), 64 Stat. 144. The words ‘‘commanding officer’’ are substituted for the word ‘‘commander’’. The word ‘‘who’’ is inserted after the word ‘‘and’’. The word ‘‘commissioned’’ is in- serted after the word ‘‘superior’’ for clarity. The words ‘‘The officer exercising general court-martial jurisdic- tion’’ are substituted for the words ‘‘That officer’’ for clarity. The word ‘‘send’’ is substituted for the word ‘‘transmit’’. The word ‘‘Secretary’’ is substituted for the word ‘‘Department’’ for accuracy, since the ‘‘De- partment’’, as an entity, could not act upon the com- plaint. § 939. Art. 139. Redress of injuries to property (a) Whenever complaint is made to any com- manding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the armed forces, he may, under such regula- tions as the Secretary concerned may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of