A former Air Force Academy cadet is expected to stand trial in October for the alleged sexual assault of a female cadet.
First Lieutenant Joseph Harding is accused of indecent assault in connection with his alleged actions in 1999.
Defense attorney David Sheldon says Harding wants to clear his name, and asked for a trial on the charge.
A military criminal appeals granted the request Wednesday.
An Air Force criminal appeals court in Washington ordered Harding's trial on indecent assault and rape charges halted in late June, pending appeal of a judge's decision to split up the two counts.
The judge shelved a rape charge against Harding after civilian therapist Jennifer Bier refused to turn over records of her sessions with the alleged victim.