ANNAPOLIS, Md. (WJZ/AP) — The U.S. Naval Academy superintendent says two of three midshipmen should face a court-martial in a sexual assault case.

Mike Hellgren reports.

Vice Adm. Michael Miller on Thursday said he has referred the cases of Midshipmen Eric Graham and Joshua Tate to general court-martial. He decided not to refer Midshipman Tra’ves Bush.

Bush’s lawyer, Andrew Weinstein, issued this statement:

“Midshipman Bush is gratified that all criminal charges against him have been fully dismissed. This decision follows a thorough 8 day, 21 witness Article 32 hearing, presided over by a Judge who, in an exhaustive 174 page report, concluded that the allegations of sexual assault against Midshipman Bush were unsubstantiated and that no reasonable grounds exist to believe that he committed any such crime. Midshipman Bush is a young man who has committed his life to the protection of our country and, with these criminal charges now behind him, he looks forward to continuing his loyal and devoted service.”

The case of the former football players has drawn attention at a time when the White House, Congress and Pentagon are focusing on sexual assaults in the military.

Related Link: Statement From USNA About Court-Martial

The case stems from an alcohol-fueled April 2012 party at an off-campus house.

The alleged victim is a fellow midshipman who was drinking and has said she doesn’t remember having sex that night. She said she heard about the allegations after the party from others.

Stay with for the latest on this developing story.

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(Copyright 2013 by The Associated Press. All Rights Reserved.)

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