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 3 y ago
Responses: 94
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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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.
-------------------------------
* 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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SMSgt Kevin Townsend
There was a time in America, long since passed, where the majority of people held to a stricter moral code. This strict morality infused the armed forces, specifically commissioned officers who were the guardians of "good order and discipline." Over the decades things have changed. In 1970 Stephen Stills show the loosening of morality when he penned these lyrics in his song: "If you can't be with the one you love, love the one you're with..." In my experience many, maybe even most, commanders are reluctant to charge this type of immoral behavior. It is still illegal under the UCMJ, but my best estimate is that the commander will do as little as possible in his/her quest to rid himself of this NCO. My view is this: If a subordinate lies to his wife, he certainly will lie to his commander and superiors. If they cannot trust him, they should have no need for his services. As to what his specific commander will do, it will be a roll of the dice. Best wishes to you.
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Hire a lawyer. Get a divorce. Get orders for somewhere on the other side of the country. Move on. Focus on you and your child. If his asshole behavior has left you emotionally wounded, seek help from the many, many resources provided by the military.
Making sure he is punished will only diminish his capability to provide financial support for your child.
He doesn't seem to be worth another ounce of your energy.
Breathe in, breathe out.
Making sure he is punished will only diminish his capability to provide financial support for your child.
He doesn't seem to be worth another ounce of your energy.
Breathe in, breathe out.
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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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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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SFC Jerald Bottcher
Please see this article
https://militarylawcenter.com/military-law-areas-of-practice/military-adultery-defense-attorney/
It all depends on the circumstances around the adultery.
Since you noted that he is getting his 2nd reading from the battalion commander, It sounds like he can be reduced in rank probably to PFC or PVT. If this happens and he has more than 6 years in the service he will probably be kicked out.
The PFC from the other unit would be in big trouble as well. If she knew he was married and still went ahead and continued the affair she is as guilty as he is.
Mat they both rot!
https://militarylawcenter.com/military-law-areas-of-practice/military-adultery-defense-attorney/
It all depends on the circumstances around the adultery.
Since you noted that he is getting his 2nd reading from the battalion commander, It sounds like he can be reduced in rank probably to PFC or PVT. If this happens and he has more than 6 years in the service he will probably be kicked out.
The PFC from the other unit would be in big trouble as well. If she knew he was married and still went ahead and continued the affair she is as guilty as he is.
Mat they both rot!
Extramarital Sexual Conduct (Article 134) | Military Attorneys
Facing an Article 134 charge for Extramarital Sexual Conduct? Know your rights. Military Law Center provides expert legal defense. Free consultation available.
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SGT (Join to see)
This right here. A lot of people don’t seem to realize that if two soldiers were to get into a relationship while the other is married to someone else the unmarried soldier can still be punished for this.
To OP, make sure you keep a back up of the evidence. From what I’ve seen you need to have visual proof of the affairs texting and word of mouth (unless directly from the person cheating) most of the time does not count. At least in the times I’ve seen spouses try to involve the command when they find out their partner was cheating.
To OP, make sure you keep a back up of the evidence. From what I’ve seen you need to have visual proof of the affairs texting and word of mouth (unless directly from the person cheating) most of the time does not count. At least in the times I’ve seen spouses try to involve the command when they find out their partner was cheating.
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Sgt Luis Bonilla
I know of similar situation but it was a wife who committed adultery was never charged but eventually divorce proceedings and the husband is trying to co parent his kids it’s a difficult situation best is to move on with your career and keep the kids together and move to another duty station to start a NEW
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A second reading essentially says it all, except, will he request a Court Martial. Not likely, if what you portray as true is substantiated he will definatley feel the pain. In any case you should seek counseling for you and your child, you both would need assitance finding a better place in your collective minds.
Did you bother to share with the PFCs unit the same information, she very clearly knew he was married, taunting you okly caps it off.
Did you bother to share with the PFCs unit the same information, she very clearly knew he was married, taunting you okly caps it off.
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CSM Darieus ZaGara
I am sure you have her name? She stayed in your home. Contact the base personnel in processing center. Better yet have your 1SG do it and you should be able to get the unit.
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MSG (Join to see)
Contact the post IG office for the PFC, if you have her name and or unit name. Google the IG office for that post. They Will find her in the system and they have to notify her commander of the wrong doing. Also, provide the IG office all and any supporting documents.
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I'm sorry for what you're currently experiencing. As a Christian, if I can pray for you and your family in anyway please let me know. To answer your question, I believe these situations vary from unit to unit, and from family to family. There are some policies at play, but the punitive decision does rest with the commander.
Not only have I seen situations like this throughout my years, but a close friend of my wife and I went through this situation very recently. She lived a few houses down from us and when her husband returned from his latest deployment, she found out about the affair. He was also an NCO having an affair with a junior-enlisted Soldier. After his commander was made aware of what was going on, no punishment ever occured, as far as I know. However, I do know that the man continued the affair.
The last thing I remember is my wife and I helping our friend pack up all her things and all her children into her car at about 0400 so she could start her drive towards her parents house in Florida. The only ones not crying were the children. They were divorced shortly after that.
On the other side of situations like this are a few stories of triumph and redemption. I have a very good friend, now a warrant officer, who cheated on his spouse when he was a younger NCO. He wanted to end his marriage, but his wife and him talked about their faith and the consequences his decisions would have on their two daughters. They made it work, and to this day they have a strong and healthy marriage. I am not sure if he ever received UCMJ, but I can tell you that it doesn't matter to them now whether or not he did. He received his corrective action from his wife and it worked. He changed for the better.
As a Soldier, I hope your husband receives UCMJ benefiting his crime of character. As a Christian, I hope you and your husband can find a way through this difficult time.
Not only have I seen situations like this throughout my years, but a close friend of my wife and I went through this situation very recently. She lived a few houses down from us and when her husband returned from his latest deployment, she found out about the affair. He was also an NCO having an affair with a junior-enlisted Soldier. After his commander was made aware of what was going on, no punishment ever occured, as far as I know. However, I do know that the man continued the affair.
The last thing I remember is my wife and I helping our friend pack up all her things and all her children into her car at about 0400 so she could start her drive towards her parents house in Florida. The only ones not crying were the children. They were divorced shortly after that.
On the other side of situations like this are a few stories of triumph and redemption. I have a very good friend, now a warrant officer, who cheated on his spouse when he was a younger NCO. He wanted to end his marriage, but his wife and him talked about their faith and the consequences his decisions would have on their two daughters. They made it work, and to this day they have a strong and healthy marriage. I am not sure if he ever received UCMJ, but I can tell you that it doesn't matter to them now whether or not he did. He received his corrective action from his wife and it worked. He changed for the better.
As a Soldier, I hope your husband receives UCMJ benefiting his crime of character. As a Christian, I hope you and your husband can find a way through this difficult time.
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Maj Gail Lofdahl
Once they cheat and get away with it, they'll only cheat again. She'd never be able to trust him again, and would waste her time and energy worrying about it. Time to go.
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You should focus on getting a divorce.
If your husband is having a second reading it sounds like the command has already decided on non judicial punishment.
If your husband is having a second reading it sounds like the command has already decided on non judicial punishment.
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I did not read everyone's response... However, in what I read, I did not see anybody advise you to go to JAG for assistance. That should be your main course of action. Get JAG on your side for protection against future retaliation and assistance in how to handle everything...
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I strongly urge you to pay a visit to the unit/post chaplain and spend some time talking through this with him/her.
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CAPT Michael Toleno
Great response! I notice that you down-voted the original post. You probably meant that to show that you disliked the terrible situation that the OP experienced and described. However, in social media, a down-vote means that you are opposed to the post itself, meaning that you disagree with the OP. I'm sure that you didn't mean that, but that's how your down-vote will be understood by others. Perhaps you would consider changing your down-vote. Thank you!
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SGT (Join to see)
Before stopping by the Chaplins office I would file for divorce and take everything he has and also sue the PFC. Marriage is a contract and she interfered with that contract thus she owes the wife damages.
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Sounds like both, your husband and the Pfc can be charged with multiple counts under Article 134. Possibly Conduct unbecoming. Fraternization. Infidelity. Adultery (FYI adultery only refers to physical sexual contact outside of a committed relationship, infidelity encompass all other forms of cheating), Endangering the Welfare of a minor. It depends on how hard you and the command and Legal, want to push the issue against him, her, and both.
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Dump the bum. I know this sounds a bit callous, but getting this issue resolved fast is best for you and your son. Divorce is not the end of the world... it's an escape hatch to a new and better life. I was the first in a very large family to get a divorce - 49 years ago. I was the oldest male in a family of 8 siblings - Catholic schooling and 80+ cousins (very prolific family). I'd do it again. BTW, there was no cheating involved... she was a good mom, and a beautiful lady, but we were wrong for each other. Her second husband was an incredible man. I liked him alot, after the dust settled on our divorce. We became friends and often we'd dine together. He died two months ago, and I flew to Michigan to pay my respects - and my son hired my sister to care for my first wife who struggles with elderly diseases. She and I both had better outcomes because of our divorce. Divorce is good medication for a failed marriage... don't rule it out. You and your son will enjoy a better life without that strife.
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SFC James Smith
love the view from a different perspective. Great, positive comment. and that Shelby!
from a fellow CarGuy.
from a fellow CarGuy.
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SP5 Robert Kennedy
Carroll Shelby and his wife Cleo were friends of mine. That little slab-side 289 was the first polished aluminum Cobra from Shelby... I negotiated for three years to get them to do it. Finally, I wrote a letter to Carroll and told him exactly what I wanted, and I enclosed a check. I ended the short letter saying "You know who I am, you know what I want. If you cash the check, you owe me the car. I could make this a very long post, but after checking my bank balance daily for months, I got hysterically happy on the day the balance plunged to almost nothing. I drove that car for about 20 years... and never got a ticket, although I earned many, many of them. The cops just wanted to have a better look, and see the engine. It's in Europe now. When the texting while driving craze took over our streets, I was fearful of losing my little toy... so I sold it.
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