This is WRONG. Please don't give advice if you don't know what you are talking about and cannot back it up with supporting statutory text or case law.
Originally Posted by VR_Hunter
The only crimes for which there is no statute of limitations are crimes that are punishable by death.
Otherwise, there is a 5 year statute of limitations on mostly all military crimes. In this case, the punishment is within the 5 year limit.
I need to ask a couple more questions to help you:
First, since your spouse is not in the military, is the person she cheated on you with in the military?
Second, is the person you cheated on her with in the military?
This is an interesting case, given the holdings in U.S. v. Marcum, which came out of the Court of Appeals for the Armed Forces this past August (yours truly helped brief that particular case). Anyhow, that case stands for the proposition that private, consensual sex cannot be punished in the military, absent some military necessity. It has been suggested that the Marcum case applies in the adultery sense, so long as there was not a military connection. In the present case, if the adultery was committed with a civilian, I would argue Marcum applies, and thus application of the military's adultery provision is impermissible under Marcum and the U.S. Supreme Court's decision in Lawrence v. Texas. As such, if you are punished, it would be done illegally.
I suggest: 1. You print out my advice above. 2. You take it to the ADC. 3. You determine whether you are willing to put it on the line and demand trial by court martial and whether you are willing to go the distance. Your ADC may try to talk you out of it, especially if the punishment is simply a Article 15 with minimal punishment imposed. Nevertheless, someone has to be the test case.
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