UCMJ Statute of Limitations Checker

Under Article 43 of the UCMJ (10 U.S.C. § 843), most offenses carry a 5-year statute of limitations — the military cannot try you by court-martial unless sworn charges were received within 5 years of the offense. An Article 15 (non-judicial punishment) has a 2-year limit. But there is NO statute of limitations for murder, rape or sexual assault (including of a child), maiming or kidnapping of a child, absence without leave or missing movement in time of war, or any offense punishable by death — those can be charged at any time. The clock also pauses (tolls) while you are absent without authority, fleeing from justice, or outside U.S. jurisdiction.

Yes, if you are still within the statute of limitations for the offense. Separating from the service does not erase an offense you committed while in uniform — the 5-year clock (or whatever period applies) runs from the date of the offense, not your discharge date. For offenses with no limitation, such as murder or sexual assault, there is no time bar at all. This is general legal information, not legal advice. If you are facing potential charges, talk to a defense counsel or your Area Defense Counsel (ADC) immediately.

No. Rape and sexual assault — and rape or sexual assault of a child — have no statute of limitations under Article 43. They may be tried by court-martial at any time, regardless of how many years have passed since the offense.

Two years. Article 15 non-judicial punishment (NJP) generally cannot be imposed for an offense committed more than 2 years before the punishment, under Article 43(c). As with court-martial, that clock pauses while the accused is absent without authority, fleeing from justice, or outside U.S. jurisdiction.