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[Art. 43] Statute of limitations. (1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried …
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They can. The Army can use Chapter 14 of the Army Separations Manual to separate for misconduct. And they can prosecute it as well. A soldier is subject to the UCMJ during their entire enlistment. So, for example, if a soldier is off duty and commits a crime, the Army can prosecute that crime (either at Art 15 or at court martial).
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Military Justice This revision- o Provides procedures for administering Article 15 punishment in multiservice units (paras 3-6, 3-7, 3-8, and 3-30). o Clarification of the statute of limitations in Article 15 cases (para 3-12). o Provides guidance for posting of Article 15 punishment forms in uni ts (para 3 22).
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