| Generally, the military can do so if it wishes:
Nonmilitary Offenses: Crimes that violate both the UCMJ and local criminal law may be tried by a court-martial, a civilian court, or both. R.C.M. 201(d)(2)
The Supreme Court has held that jurisdiction in a court-martial is based solely on the status of the accused as a member of the armed forces. Essentially, if the member is on active duty, the service has jurisdiction. Solorio v. United States, 483 U.S. 435 (1987)
JURISDICTION OVER THE PERSON (RCM 202)
Normally, if a person has been tried by a civilian court it takes high-level approval (usually service secretary level) to go forward with a court martial on the same case. However, since your son never went to trial, that rule probably doesn't apply.
What can you do? Get him a lawyer -- fast. |