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Military rights for soldiers are enlisted in the military regulations. However, many of them are unaware of their rights while dealing with military situations and this might lead to legal issues on soldier’s rights, military rights waiver and other issues. This article provides answers to some of the most commonly asked questions about issues related to this. What are the rights that a soldier would have if they were forced into a position for which they are not prepared? The soldier has informed the command that he was not ready for the position.
Usually, this depends on the actions of the commander. If the commander’s intention was to put you in a situation, knowing fully well that you were not prepared for it, you may file an Article 138, UCMJ complaint. Though Article 138 is one of the most powerful rights conferred to the soldiers under the UCMJ, it is one of the least known and the least used rights by the service men. Article 138 of the UCMJ states, "any member of the armed forces who believes himself (or herself) wronged by his (or her) commanding officer" may request redress. If it is refused, a complaint may be lodged and a superior officer must "examine into the complaint." Article 138 of the Uniform Code of Military Justice provides every member of the Armed forces with the right to complain that he / she has been wronged by the commanding officer. This right is even applicable to those subject to the UCMJ on inactive duty for training. Matters which are fit for being addressed under Article 138 include discretionary acts or omissions by a commander that 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). Before filing an Art 138, you have to be sure that your commander’s intention was not just to try to determine your leadership skills by testing your ability. A commander usually avoids inviting unfavorable actions against himself / herself. You may consider talking Jag before you file. After listening to the events they will advise you whether filing a complaint is required or not. Should service men repay over payments while they were AWOL?
The Military does not pay you for unauthorized absences. That is probably the reason why they are asking you to repay the money that was received by you during UA. They should give you an estimate what amount you owe them. If you don’t agree with them you may contend that figure. It might also be that there could have been an error on the part of your command and you may request a waiver. Irrespective of whether there has been an error or not, the DFAS will endeavor to recover the overpayment. You have to prove that there is an error in the payments and it was the fault of the military. This might help you scaling down the amount demanded to some extent. Soldiers sometimes wonder what their rights are in the Armed forces. At times they could be unfairly treated by their superiors and they could be at a loss how to get redress or where to go. If you are faced with such a situation, it is better to ask a military lawyer to decide the best course of action and act accordingly.
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