Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.
Yes, there is a statute of limitations, but that may not help here.
It is true there is a statute of limitations of 2 years for Article 15's, but the statute of limitations for a court martial is 5 years.
Additionally, administrative actions like Letters of Reprimand, poor evaluations or administrative separations have no statute of limitations because they are not criminal law actions.
Now, given the amount of time passed and the fact that they are no longer married, there is certainly no guarantee that the command will choose to do anything about the affair. Furthermore, the former spouse is committing a crime called extortion. You don't threaten to make a perceived crime known to authorities unless you are given something of value that you want. That's not legal, so perhaps she should be told that if she reports the affair, he extortion will be reported and she'll face legal action as well.
I wanted to clarify with you what his options might be at this point. He is up to re-enlist in September if he chooses to do so. If that is the case, I am assuming he has to give her what she wants, and not have any contact with his kids until he is either out of the army, or for 3 more years when the statute of limitations for a court martial is up since he is already 2 years in.
If he chooses to leave the army, which at this point we are strongly considering...then obviously, once we leave we can do what we want with this situation and take her to court. Until then though, is there nothing we can do in the meantime to fight her on this? Its been two weeks since he has gotten to talk or Skype his children because of this situation. Do we just do nothing and let her win until he gets out in September if he chooses to do that?
I am just depressed at the thought that we are basically forced to leave the army because of this situation. He wants to have his kids and I don't blame him, but its a life changing decision at this point. I think if we knew what kind of punishment we were looking at if she does call up the army about this, it might be a little easier to make the final decision.
Having his pay taken away for a month would be something we can deal with, but him possibly going to prison over it or them permanently putting this on his record would just hurt him not only in the army world but also in the civilian world when trying to get a job when he is out.
My husband had a quick question to ask you. He wanted to know how he can get his child support lowered. What does he actually have to claim as his income...just his base pay or his BAH as well?
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