48-3104. (KCMJ Art.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

48-3104. (KCMJ Art. 138) Complaints of wrongs.

(a)Any member of the state military forces who believes such member was wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the first general in the member's chain of command. Such general officer shall investigate the complaint and take proper measures for redressing the wrong. The first general in the member's chain of command shall, as soon as possible, send to the adjutant general a true statement of the complaint with an explanation of the proceedings held thereon.

(b)An alleged wrong is inappropriate for redress under this section when other adequate processes exist to address the wrong alleged in the complaint. An action is an inappropriate matter for resolution when:

(1)Review is provided specifically by the code;

(2)such matter is taken under the recommendation of an administrative board authorized by policy, regulation or instruction at which the complainant was afforded substantially the rights of a respondent; or

(3)service policy, regulation or instruction specifically authorizes an administrative appeal or similar redress for such matter.