Military disciplinary law: Effect of late-hour complaint filing to garrison duty officer on statutory deadline preservation

The Federal Administrative Court admitted the service member's legal complaint, ruling in his favor on the procedural motion to allow the appeal to proceed to the merits, thereby setting aside the lower court's rejection of the complaint as inadmissible. The dispute concerned a military disciplinary proceeding in which the superior officer filed a disciplinary complaint at the officer on duty of the garrison after regular working hours had ended, rather than through the competent disciplinary authority, raising the issue of whether this action constituted a time-limit preserving filing under § 6 Abs. 1 WBO. The court determined that the case presents a question of fundamental legal significance requiring clarification of whether and under what conditions a disciplinary superior, who is absent after work hours, must be credited with the filing submitted to the garrison's officer on duty as a valid legal entry that meets the statutory deadline.