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How can an enlisted person be charged under the UCMJ if can…

How long can an...

How long can an enlisted person be charged under the UCMJ if can be proven adultery occurred during their service, but they have since been discharged and currently receiving disability benefits?

Lawyer's Assistant: Has anything been officially filed?

No

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No mam

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Answered in 4 minutes by:
3/18/2018
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,573
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

It depends on what you mean by charges. A person can be charged for two years by Article 15, up to 5 years by a court martial and there is no statute of limitations on administrative actions like a separation.

However, that really only applies to a person in the service. Rarely is a person brought back into the military to face charges for this offense (in fact, never when you are talking about just this offense....there would be a combination of things for it to be worth the time for any commander to choose to try and bring someone back in.)

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,573
Experience: Lawyer and current JAG officer.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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