United States v. Barber

DECISION

LEWIS, Judge:

In United States v. Bolser, 22 M.J. 564 (A.F.C.M.R.1986) and United States v. Dale, 23 M.J. 598 (A.F.C.M.R.1986), issue certified, 23 M.J. 243 (1986), we held that a court-martial lacks subject matter jurisdiction over sexual offenses committed off a military installation by a service member against one of his own dependents. In the case at hand we must determine the applicability of our prior decisions in a somewhat different factual context.

The appellant pleaded guilty and was convicted of four specifications of sodomy in violation of Article 125, U.C.M.J. 10 U.S.C. §…