Posted on Jul 5, 2015
Adultery in the Military - what are the possible consequences?
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UCMJ
Law
Justice
Adultery
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I don't think I had a more heartbreaking sight than to go back to my unit, from Iraq, to see 3,4,5 women 3,4,5,6 months pregnant from other men. Made me ask, what did I fight for?
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MAJ Bryan Zeski
For... national security? Freedom? Liberty? Truth, justice and the American way? Bad apples don't affect the value of service.
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SSG Paul Gobel, whereas I agree that the act itself is immoral, and sleeping with another service member's spouse is just plain wrong, this is an offense that I have seen time and again smoothed over, and forgotten, by the chain-of-command, seemingly feeling that this is a "forgotten" evil.
The worst case of punishment that I have seen (and mind you, this was almost 30 years ago) was a summarized Article 15, 15 and 15, and 1/2 months pay for one month, I believe. I do not know if the punishment for this offense has been made more, or less, stringent over the years.
I believe the advice by CSM Michael J. Uhlig is probably your best source.
The worst case of punishment that I have seen (and mind you, this was almost 30 years ago) was a summarized Article 15, 15 and 15, and 1/2 months pay for one month, I believe. I do not know if the punishment for this offense has been made more, or less, stringent over the years.
I believe the advice by CSM Michael J. Uhlig is probably your best source.
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SSG (Join to see)
COL (Join to see) - Well stated Sir. As I was pondering this, I didn't take that into account. What I do wonder, however, is what happens in the instance where the spouse walks into the room where the situation is occurring. Will a 'witness statement' in that instance work to prove that the situation occurred or does it turn into a 'he-said, she-said' kind of case?
Just something that I thought of reading your post and was wondering what experience you could provide.
Just something that I thought of reading your post and was wondering what experience you could provide.
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PVT Robert Gresham
COL (Join to see) - I enjoyed your comment. I was just curious how many SMs you had actually seen punished for such violations of the UCMJ. As I stated above, I have seen damn few actually prosecutions for adultery, especially when higher ranking NCOs, and Officers are involved. Working at a division HQ, this type of information crossed my desk quite often as the Chief of Staff / CG's briefing material. As you say, the evidence is often almost impossible to come by, and a Commander, or Court Martial must remember that the accused is considered innocent until PROVEN guilty. It can be a near impossible task to prove guilt without any shadow of a doubt.
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LTC (Join to see)
PVT Robert Gresham - I was investigating officer on a field grade article 15 for an E6 who committed adultery (2005). reduction to E5, 45/45 and loss of 1/2 months pay for 2 months
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PVT Robert Gresham
LTC (Join to see), that's a bit "after my time", but I do find it a comfort to know that this matter is NOT only smoothed over in the modern military. I have no idea if this represents the rule, or the exception these days, but it's always good to hear another viewpoint. Thanks.
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they dont do a dam thing about it.....fort hood is the first one to look the other way, some other post too
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PO1 Michael Bruner
Yeah, when I was in the Navy, they only investigated when they were REALLY out to get a particular individual.
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I do not envy your situation. I dealt with the same issue in a previous unit. Good luck. The only positive thing was neither guilty party had children... well... that is until nine months later. Last I heard they were still together.
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I know a guy who did something similar and got a GOMOR filed in his perm records. Then months later, the company command team tried to chapter him for it. This...guy...is still in this situation so I dunno.
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UCMJ may be the least of his worries. The velvet glove has long reach. Without knowing more though, he may have done the Officer a favor.
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