United States v. Dale

I respectfully dissent from the judgement of my brethren for, in my opinion, our decision in United States v. Bolser, 22 M.J. 564 (A.F.C.M.R.1986), was wrongly decided. Both this court and the Court of Military Appeals have upheld the exercise of subject matter jurisdiction over sexual assaults on children occurring off-base. United States v. Benedict, 20 M.J. 939 (A.F.C.M.R.1985); pet. denied on other grnds, 22 M.J. 367 (C.M.A.1986): United States v. Solorio, 21 M.J. 251 (C.M.A.1986).

The crucial jurisdictional factor in this appeal, as in Bolser, supra, seems to be the relationship of the…