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Article 43 of the UCMJ concerns statue of limitations. In regards to nonjudicial punishment, under Article 15, the accused cannot be punished if the offense was committed more than two years from the date of the Article 15 action.
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Statute of limitations is suspended during the time of war and for three years after the termination of hostilities. Art. 43(f). “Time of War.” United States v. Swain, 27 C.M.R. 111 (C.M.A. 1958). Korean Conflict constituted a time of war for purposes of Article 43(f)).
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Army Law Attorney. In Article 43, UCMJ (10 U.S.C. § 843), Congress set out the statute of limitations with respect to offenses under the Uniform Code of Military Justice.
The “statute of limitations” deadline to get a package into this board is 3 years from the discharge or unfavorable DRB decision. However, for good cause, the 3-year deadline is often waived.
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