Military rules on dating married woman
Because neither were willing to tell me exactly what the argument was about, I decided to put the male member into the dormitory for a couple of days, to give them a "cooling off" period.
While the MCM is an Executive Order, enacted by the President, in reality, much of the contents are a result of military and federal appeals court decisions. Remember, a court-martial (like civilian court) requires *proof* beyond a reasonable doubt.
Before I discuss these factors, it's important to understand the role of the commanding officer in the Military criminal justice process.
In the civilian world, whether or not an incident should be prosecuted as a crime is up to the District Attorney (DA).
For example, in the hometown where I grew up, a 70-year-old shopkeeper who had been robbed one too many times, got a gun and then took a couple of shots at a robber as the robber tried to drive away. It's not "self-defense," as the robber was already driving away at the time, and the shopkeeper had no reason to fear for his life, at the time he shot.
Under the law, the shopkeeper could have been prosecuted for several offenses, ranging from an unlawful discharge of a firearm within the city limits to attempted murder.