Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 9 - Complaints Under Article 138, LCMJ › Section II-910 - Determination Required by the Adjutant General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except where the TAG's determination is
				not required on the Article 138 complaint under the preceding paragraphs, the
				TAG will take the following actions.
1.
				Examination into the Complaint. The TAG will examine into the complaint. Except
				as provided below, the nature and method of the examination is discretionary.
				The examination may be delegated, but not to a person subordinate to the
				respondent in the chain of command nor, except for good cause explained in the
				correspondence forwarding the complaint, to a person junior in rank to the
				respondent. Examinations so delegated will be conducted in accordance with AR
				15-6 and will include a specific recommendation regarding the appropriateness
				of the redress requested and of any other corrective action.
2. Nature and Extent of Examination. Unless
				the TAG believes that established channels for redressing the alleged wrong
				would be inadequate in the particular case, the examination will be limited to
				determining whether the other channels are, in fact, available for resolving
				the alleged wrong. Specific findings will be made as to whether the act or
				omission complained of was :
a. in violation
				of law or regulation;
b. beyond the
				legitimate authority of the respondent;
c. arbitrary, capricious, or an abuse of
				discretion;
d. materially
				unfair.
3. Action on the
				Complaint. The TAG must act personally on the Article 138 complaint. This
				authority may not be delegated. After examination into the complaint is
				completed, TAG will take the first of the following actions which applies to
				the particular complaint:
a. If the alleged
				wrong is of an inappropriate subject matter for an Article 138 complaint [See
				paragraph 9-3], unless the TAG believes that established channels for
				redressing the alleged wrong would be inadequate in the particular case, such
				commanding officer will advise the complainant that:
i. the alleged wrong already is being
				considered in other official channels, if that is the case; or
ii. a more appropriate official channel is
				available to redress the alleged wrong. TAG will specify that channel, any
				applicable regulation under which the complainant may proceed, and any DA or
				DAF assistance available to the complainant in using that channel.
iii. determine the merits of the complaint
				and of the redress requested. If no redress is appropriate, the TAG will deny
				the redress. The TAG will grant whatever redress is appropriate and is within
				such his authority to provide.
b. TAG will notify the complainant in writing
				of the action taken on the complaint.
4. Action by TAG. Before final disposition by
				TAG, each Article 138 file will be reviewed by the State Judge Advocate (or
				that officer's designee) for legal sufficiency. The SJA may, in that officer's
				discretion, return the file for additional information or investigation or for
				other action.