Posted on Jan 24, 2023
How likely is my spouse to be charged with adultery and fraternization? What type of punishment should be expected?
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While I was deployed, I found out my husband was unfaithful and having extramarital affair with a Pfc from another unit. Him being a SGT. This was not the first time he was unfaithful to me prior adultery affairs. I gathered evidence, such as confessions from previous mistresses and pictures of him being unfaithful, such as kissing, hugging text
Messages showing him being affectionate, making comments like saying I love you to them and he’s so proud to have them as there are lover etc.
Now with this Pfc , I confronted her, and I let her know my husband was married to me, and that it would be smart. If she let us figure out these issues, and to leave him alone. this Pfc was around my child. She showered in my bathroom. She stayed in my house. She slept on my bed. She had sex on my bed. She sent me pictures of them with him on top of her, kissing her on the head and I was able to get pictures from her of them holding hands with his tattoos showing. He has abandoned me in order to be with this girl, and she claimed I was harassing her when I was asking her and begging her to leave my husband alone and let us figure things out on our own upon returning from my deployment. He and she continues the affair upon my return from deployment, and she lied to my commander about not seeing him yet she was caught with him the very same day she lied to my commander and claimed harassment.
The affair is continuing, but I don’t have any new evidence. My husband has been flagged for four months now and today he claims to have a second reading with his battalion commander.
During this whole investigation, I provided sworn statements with dates, timelines, pictures, telephonic confessions from the mistress ( she did not know she was being recorded) but it is legal in my state to record a conversation. How likely is my husband to be punished and what are the punishments looking like this has affected my mental health upon returning from deployment, knowing that I lost my entire family in my home due to the selfish actions of my husband and his private first class who knew what they were doing and had no remorse for the family I am now mourning. Not only is it affecting myself, but it is affecting our child as well..
Messages showing him being affectionate, making comments like saying I love you to them and he’s so proud to have them as there are lover etc.
Now with this Pfc , I confronted her, and I let her know my husband was married to me, and that it would be smart. If she let us figure out these issues, and to leave him alone. this Pfc was around my child. She showered in my bathroom. She stayed in my house. She slept on my bed. She had sex on my bed. She sent me pictures of them with him on top of her, kissing her on the head and I was able to get pictures from her of them holding hands with his tattoos showing. He has abandoned me in order to be with this girl, and she claimed I was harassing her when I was asking her and begging her to leave my husband alone and let us figure things out on our own upon returning from my deployment. He and she continues the affair upon my return from deployment, and she lied to my commander about not seeing him yet she was caught with him the very same day she lied to my commander and claimed harassment.
The affair is continuing, but I don’t have any new evidence. My husband has been flagged for four months now and today he claims to have a second reading with his battalion commander.
During this whole investigation, I provided sworn statements with dates, timelines, pictures, telephonic confessions from the mistress ( she did not know she was being recorded) but it is legal in my state to record a conversation. How likely is my husband to be punished and what are the punishments looking like this has affected my mental health upon returning from deployment, knowing that I lost my entire family in my home due to the selfish actions of my husband and his private first class who knew what they were doing and had no remorse for the family I am now mourning. Not only is it affecting myself, but it is affecting our child as well..
Article 15
Adultery
Fraternization
UCMJ
Posted >1 y ago
Responses: 75
Working backwards ... the textbook answer first about what punishment could he face.
Technically there is no separate article of 'adultery' in the military (i.e., there is not a specific article of UCMJ regarding it). However, it IS a crime and is prosecuted under Article 134 which is the "General" or 'catch-all' article for doing stuff you shouldn't do (specifically, Article 134 - Extramarital Sexual Conduct).
Fraternization is also prosecuted in the military under the same article.
Article 134—General article
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
If found guilty, the maximum punishment for adultery under Article 134 is a Dishonorable Discharge, forfeiture of all pay and allowances, and confinement for one year.
Now to the question of "how likely".
Assuming what you say is factual (no offense, but I have no experience with you other than you're an account on a social media platform, so I'll just talk in hypotheticals), the evidence of fraternization and an extramarital affair seems pretty solid. If so, it will likely come down to the judgement of his chain of command and any absolutes you are given by anyone else is a guess.
I won't begin to guess the thought process of his commander and where he comes down on these actions. One commander will do everything in his power to hold your soon-to-be-ex (by your account, that's probably what should happen) accountable while others will just want to be rid of the bad seed as soon as possible.
Technically there is no separate article of 'adultery' in the military (i.e., there is not a specific article of UCMJ regarding it). However, it IS a crime and is prosecuted under Article 134 which is the "General" or 'catch-all' article for doing stuff you shouldn't do (specifically, Article 134 - Extramarital Sexual Conduct).
Fraternization is also prosecuted in the military under the same article.
Article 134—General article
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
If found guilty, the maximum punishment for adultery under Article 134 is a Dishonorable Discharge, forfeiture of all pay and allowances, and confinement for one year.
Now to the question of "how likely".
Assuming what you say is factual (no offense, but I have no experience with you other than you're an account on a social media platform, so I'll just talk in hypotheticals), the evidence of fraternization and an extramarital affair seems pretty solid. If so, it will likely come down to the judgement of his chain of command and any absolutes you are given by anyone else is a guess.
I won't begin to guess the thought process of his commander and where he comes down on these actions. One commander will do everything in his power to hold your soon-to-be-ex (by your account, that's probably what should happen) accountable while others will just want to be rid of the bad seed as soon as possible.
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CPT Lawrence Cable
COL Randall C. - 50 cases in a million soldier Army doesn't show a lot of emphasis on pushing Article 134 for adultery, and I would be curious to actually know the outcome of those case. Army Prosecutors are no better than their civilian counterparts about piling on charges. I knew the Air Force was much stricter on the matter. but even in the one highly publicized case involving a female pilot, she was counseled and ordered to end the affair and she didn't. I don't see how she thought that would end well.
I had a commander that was fraternizing with a female medic and was probably guilty of Adultery, although I did not witness that personally. I actually had the conversation with him that shitting where you eat wasn't good policy in his situation. JAG had more than enough to convict him of fraternizing, conduct unbecoming, and against the good order of the service. He was allowed to resign "for the good of the service". That seemed a relatively common way to deal with this kind of issue with Officers and Senior NCO's.
I had a commander that was fraternizing with a female medic and was probably guilty of Adultery, although I did not witness that personally. I actually had the conversation with him that shitting where you eat wasn't good policy in his situation. JAG had more than enough to convict him of fraternizing, conduct unbecoming, and against the good order of the service. He was allowed to resign "for the good of the service". That seemed a relatively common way to deal with this kind of issue with Officers and Senior NCO's.
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COL Randall C.
CPT Lawrence Cable - The "50 cases in a million" comment out of context.
Looking at the ACMPRS, there are less than "50 cases in a million Soldier Army" for a LOT of charges - espionage, sexual assault on a minor, etc.
IF you were to know how many situations met all the elements* of being charged under article 134 for adultery/extramarital sexual conduct and how many of those cases actually were charged, then you could make the comparison accurately. Since the ACMPRS only shows active courts-martial cases (currently 1620) and does not show NJP, your comment regarding 50 cases isn't accurate, but I'll leave it to you to go down the rabbit hole even further.
I have no doubt what you said is accurate regarding your personal observations, but it isn't representative of what happens throughout the military. My response was to your statements implying that it rarely is pursued in the military ("I've never saw an Article 15 for Adultery or Extramarital sexual Conduct", "personally have never seen anyone actually charged with Adultery", etc) and even the current snapshot in time from the various service court systems shows otherwise.
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* Elements of article 134 - Extramarital sexual conduct:
(1) That the accused wrongfully engaged in extramarital conduct as described in subparagraph c.(2) with a certain person;
(2) That, at the time, the accused knew that the accused or the other person was married to someone else; and
(3) That, under the circumstances, the conduct of the accused was "to the prejudice of good order and discipline in the armed forces" and/or "was of a nature to bring discredit upon the armed forces"
Looking at the ACMPRS, there are less than "50 cases in a million Soldier Army" for a LOT of charges - espionage, sexual assault on a minor, etc.
IF you were to know how many situations met all the elements* of being charged under article 134 for adultery/extramarital sexual conduct and how many of those cases actually were charged, then you could make the comparison accurately. Since the ACMPRS only shows active courts-martial cases (currently 1620) and does not show NJP, your comment regarding 50 cases isn't accurate, but I'll leave it to you to go down the rabbit hole even further.
I have no doubt what you said is accurate regarding your personal observations, but it isn't representative of what happens throughout the military. My response was to your statements implying that it rarely is pursued in the military ("I've never saw an Article 15 for Adultery or Extramarital sexual Conduct", "personally have never seen anyone actually charged with Adultery", etc) and even the current snapshot in time from the various service court systems shows otherwise.
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* Elements of article 134 - Extramarital sexual conduct:
(1) That the accused wrongfully engaged in extramarital conduct as described in subparagraph c.(2) with a certain person;
(2) That, at the time, the accused knew that the accused or the other person was married to someone else; and
(3) That, under the circumstances, the conduct of the accused was "to the prejudice of good order and discipline in the armed forces" and/or "was of a nature to bring discredit upon the armed forces"
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COL Randall C.
SSG Richard Bladl - I think the response I just gave CPT Cable above should answer your question. Regarding an extramarital affair, the military doesn't concern itself with the conduct between two consenting adults unless it impacts "the good order and discipline of the armed forces" and/or "is of a nature to bring discredit upon the armed forces".
There are many opinion pieces that you will see about the military needing to get rid of "adultery" because it is rarely pursued on the civilian side and isn't illegal in many states (it's a civil matter between spouses).
However, Article 134 covers any activities that meet those two criteria I mentioned. The reason that Article 134 is often referred to as the "catch-all" Article is that ANY conduct that is prejudicial to the good order and discipline in the armed forces, conduct of a nature to bring discredit upon the armed forces, and crimes and offenses that are not capital, can be punished under it.
Even if the specific guidance for adultery/extramarital sexual conduct were taken out of the manual (i.e., "adultery was gotten rid of"), it would still be pursued if it met any of those elements above.
The primary focus for pursuing an Article 134 will always be one of those two elements. If at least one of those elements is not present (it is neither prejudicial to the good order and discipline nor is it of a nature to bring discredit upon the armed forces), then it wouldn't (or rather, it would be improper and shouldn't) be charged.
There are many opinion pieces that you will see about the military needing to get rid of "adultery" because it is rarely pursued on the civilian side and isn't illegal in many states (it's a civil matter between spouses).
However, Article 134 covers any activities that meet those two criteria I mentioned. The reason that Article 134 is often referred to as the "catch-all" Article is that ANY conduct that is prejudicial to the good order and discipline in the armed forces, conduct of a nature to bring discredit upon the armed forces, and crimes and offenses that are not capital, can be punished under it.
Even if the specific guidance for adultery/extramarital sexual conduct were taken out of the manual (i.e., "adultery was gotten rid of"), it would still be pursued if it met any of those elements above.
The primary focus for pursuing an Article 134 will always be one of those two elements. If at least one of those elements is not present (it is neither prejudicial to the good order and discipline nor is it of a nature to bring discredit upon the armed forces), then it wouldn't (or rather, it would be improper and shouldn't) be charged.
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SSG Richard Bladl
Thank you, I didn't see your earlier response. It was fairly common when I was active duty 63-71 and never heard of disciplinary action.
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a leopard's spots never change... time to seek counseling for you & your child and move on with your lives.
Spoken from someone who has experienced your unfortunate circumstance.
Spoken from someone who has experienced your unfortunate circumstance.
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Michele Olson
I hear you. And to those that are doing this with a married soldier while they are protecting us and our country... man or woman.
“If you marry a man who cheats on his wife, you’ll be married to a man who cheats on his wife.” — Ann Landers
“If you marry a man who cheats on his wife, you’ll be married to a man who cheats on his wife.” — Ann Landers
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Look up Article 134 in the Manual of Courts Martial for Adultery. Those punishments listed are the possible outcomes. Your husband and PFC could face reduction in rank and pay. They could also be kicked out of the Army. But, honestly, their punishment(s) would be at the discretion of the convening authority. Turn and burn both of them, I say.
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PO1 David Kingsley
SPC (Join to see) - well, I would have imagined that a Private investigator, hired to document proof a spousal infidelity would be able to get pictures, and then there's hiding one's own security cameras, that go to a private server or file or whatever would get recordings or photos as needed, Technology is pretty fascinating that way
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Amn Roger Omberg
I feel the dishonesty, however, I am reminded that GOD himself never changes, & HIS Children should be faithful to HIM 1ST, then everything else will fall into place, In Him our lives are anchored! Thank You, LORD.
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SGT C Reed
SPC (Join to see) - She said the the woman her husband is cheating with gave her the photos. Read her post again "She sent me pictures of them"
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SGT Russell Colburn
In 1982 I believe it was, I escorted a PVT to his Court Marshal in Berlin. The case before us was just wrapping up. It was a SFC that had been spanking the monkey with another Soldiers Wife. He was found guilty. Not given any jail time. But reduced in Rank to Pvt.
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