United States v. Avila

I would find subject matter jurisdiction. The instant case is not a mirror image of Bolser, Dale, or, more recently, United States v. Barber, 23 M.J. 751, (A.F.C.M.R.1987) , in one critical aspect. The impact of the offense of which the appellant stands convicted extended in a tangible manner beyond his immediate household into a small, but identifiable, portion of the Air Force in the person of Sergeant Michael J. Pollock.

Sergeant Pollock was stationed at Tyndall Air Force Base, Florida, far removed from the situs of the offense. He was present at trial solely to support the prosecution’s…