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
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So I provided irrefutable proof that my wife, an O-1 in MIBOLC with STRATCOM SMDC was committing adultery with at least two other students and a Lebanese intelligence officer (and lied about her past as a stripper and past drug use on her SF-86; Heather Healy if anyone is interested) and I was hemmed up for reporting it. These careerist officers will throw you under the bus at the first opportunity if it gets a bullet on their OER or will otherwise help them with the institutionalized bobble-heads above them.
Divorce her
Divorce her
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SFC Jerry McLellen
You were rightly "hemmed up" for trying to deep six her career. If you were such a substandard husband that she cheated on you, part of the blame lies on your shoulders. Your final remark, "Divorce her", was the correct answer, not attacking her for whatever allegations you could make. With your attitude, I can see why she cheated on you.
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SFC Benjamin Varlese
SFC Jerry McLellen so you think it’s totally fine for a commissioned officer to commit an Article 134 offense and violate 18 USC Sec 1001 without consequence and the person who reported the criminal activity to be punished?…Holy toxic leadership, Batman. It’s SNCOs and Os with that mentality that are a significant part of the institutional problems in the military and why the recruitment and retention numbers are plummeting. It’s a good thing you’re retired and spoken like a true POG REMF
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SFC Jerry McLellen
Thank you for solidifying my comment about your attitude being a problem. There is no doubt that your penchant for going on the attack and name calling no doubt was carried over into your marriage. No wonder she sought comfort in other men.
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Adultery- not likely. Fraternization- if you have pictures of them kissing then more likely. Adultery is almost impossible to prove unless there is photographic or video evidence of penetration or she gives birth to his kid. In all the adultery cases I had to deal with MPI was unwilling to proceed on the charges bcuz they didn't have any of the items listed above.
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Having dealt with cases very similar. If he doesn’t say nothing happened, then most likely a field grade article 15. Then most likely a chapter 12. If he says nothing happened and there is not undeniable evidence then nothing. The evidence that you presented is considered undeniable. All of it could be faked. All of it. So unless she is pregnant or had an exam after they had sex then there is no proof. Any evidence coming from you is circumspect being the aggrieved party. Sorry but this is what I have seen happen over and over. My advice is to figure out why he strayed. Was he missing you so bad that he needed to fill that you shaped hole and just got caught up in it? I have seen this as well and to not feel so guilty they convince themselves they are in love. This normally does not end well. Divorce and suicide are the normal outcomes. Is there something missing from the marriage? If so or even if he doesn’t think so I would say give counseling a try. Just from this little information I would think there must be intimacy issues and trust issues. A marriage will not survive without trust and once gone it is exceedingly hard to win back. You need to do whatever is best for you and your lovely daughter. Forget the hate. Forget the thirst for revenge. Concentrate on your daughter and then do what is best for her. Love to know how this turns out. Will pray for you and in that prayer will be love and healing because you need both very badly
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I remember when the only punishment for fraternization was for between Officer and NCO or Enlisted. Do any of you really think that the military is supposed to punish someone for a marriage infraction? In too many cases, the wife is a citizen, and the husband is military - we're not citizens until we get the right to a jury trial back. Technically, the wife, as a citizen, outranks the husband. What she should be asking are what the penalties are in a civil trial, with no reference to him as a public servant. Get a lawyer. A real one. Not some court martial mule.
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You’re not going to like this but I have dealt with issues very similar to this. To prove guilt they both have to confess. One does not make the case. The next option is irrefutable proof. Pictures videos and recordings can all be faked and are not considered as reliable. So what would be irrefutable? DNA. So if she got pregnant and the child was confirmed to be his then that would do it. A collection after sex by a rape kit. For these reasons it is very hard to get a conviction for adultery. However if he was ordered by his commander to not have any contact with this woman he would be violating a direct written order but this is also not so easy to stick. It is in a grey area where does the commander have the right to tell you who you can be friends with? Now if he knows to just say no that nothing happened then most likely he will get nothing because there is no confession by both parties or undeniable proof. If he doesn’t know and he says something happened and she says nothing happened then he will accept a field grade article 15. If they or he pushes this farther then he will get everything dropped and sent to another unit. If he and her collaborate the story then the outcome will be a field grade article 15 for both and most likely a chapter 12 for bad conduct. If he has spoken to council, which is after the first reading, and counsel informs him of these facts then he will say nothing happened and request a court martial which will lead to nothing. Sorry but these have been the things I have witnessed occur. Be very curious how this plays out though.
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SGT (Join to see), please understand this that violations of the Military Model Code of Conduct, which includes adultery and fraternization, are dealt using the Articles of the Uniform Code of Military Justice. It is therefore best to get familiarized with the UCMJ and grasp the legal consequences of extramarital affairs in the military.
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SFC Jerry McLellen
With all due respect, I would differ with you. Ruining a career over allegations that may be true is part of the problem with the military of today. In my humble opinion the UCMJ should not be a factor in a servicemember's bedroom or relationship with their spouse. That is a retaliatory action that cannot be undone. If they can't work it out between the two of them, just call it quits and divorce.
When two active duty members have marital problems, it reminds me of the old Johnny Cash/June Carter song "Jackson". "WE GOT MARRIED IN A FEVER HOTTER THAN A PEPPERED SPROUT. WE BEEN TALKIN' ABOUT JACKSON, EVERY SINCE THE FIRE WENT OUT".
When two active duty members have marital problems, it reminds me of the old Johnny Cash/June Carter song "Jackson". "WE GOT MARRIED IN A FEVER HOTTER THAN A PEPPERED SPROUT. WE BEEN TALKIN' ABOUT JACKSON, EVERY SINCE THE FIRE WENT OUT".
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I don't know about official consequences for the SSG and PFC but I don't think people with that lack of morals and character would be someone I'd want to serve with. I'd find it very hard to pay them any respect and I think that is essential in the Armed Forces.
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If she/ he were a willing participant then charge them, pull their Military ID, kick them off base, if they live on Base, I've read where Military Officer's are Culprits in many of the Shenanigans that occurs with ENLISTED spouses, those officers should be Court Martial and removed from the Military with a Bad Conduct Discharge and ENLISTED as well
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