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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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.
A fraudulent enlistment, appointment, or separation is one procured by either a knowingly false representation as to any of the qualifications or disqualifications prescribed by law, regulation, or orders for the specific enlistment, appointment, or separation, or a deliberate concealment as to any of those disqualifications.
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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Finally, I am uncertain as to what you mean by "whistle blower" but of course, the Federal Claims Act (qui tam) statute might apply there as well, but again you need to talk to a lawyer about the specifics of your case.
Ok. The statute of limitations is 5 years on most crimes. A few crimes, like murder and rape, have no statute of limitations at all. Both enlisted members and officers can be brought back if they were on duty when they committed the offense and are retired.
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