Posted on Jul 5, 2015
SSG Signal Support Systems Specialist
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I have a Soldier in my unit that had sex and got another woman pregnant. He's married and the woman is married to an Officer. What kind of punishment his he looking at?
Posted in these groups: Ucmj UCMJImgres LawJustice icon Justice8e82e190 Adultery
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MAJ Bryan Zeski
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18+ years of child support.
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CSM Michael J. Uhlig
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Its an Article 134 violation, there are three elements that must be met to prove adultery existed. They are:

(1) That the accused wrongfully had sexual intercourse with a certain person;
(2) That, at the time, 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 or was of a nature to bring discredit upon the armed forces.


here's a link to some helpful information:

http://asktop.net/articles/3-elements-of-adultery-under-article-134/
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SSG Javier Antonsanti
SSG Javier Antonsanti
>1 y
Not to mention fraternization.
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SSG Instructor
SSG (Join to see)
>1 y
SSG Javier Antonsanti - While it could rise to the level of adultery under Article 134, I'm not certain that it would rise to the level of fraternization as the spouse of the other person was a civilian. Now, if the Soldier was having extramarital relations between officer and enlisted, NCO to Soldier, or trainee to instructor, then yes, fraternization could be thrown into the mix as well.
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SPC Tristan Myhre
SPC Tristan Myhre
>1 y
First....with a pregnancy involved it will be adultry under article 134. It would be different if soldier was unmarried but this is not the case. He will be facing bad conduct discharge at the very least. CID will go through soldiers phone records and texts...facebook messages and so forth. If theres subversive intent against the officer he would be looking at jail time.
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LTC Hardware Test Engineer
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6 y
SPC Tristan Myhre - not necessarily. from my experience court martials for adultery when there was no other offense committed are virtually unheard-of. Unless the SM lied about it or tried to cover it up they would, most likely, give him the max punishment under an article 15. In 35 years I've seen that happen on several occasions.
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1SG Civil Affairs Specialist
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The real consequences are not found in the Manual for Courts-Marshall.
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Adultery in the Military - what are the possible consequences?
SSgt Charles Edwards
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Well, this is interesting. Reminds me of an incident at Rhein-Main before it closed.

It was a dark morning...
Ok, I'll spare the theatrics. A firefighter was gone with the base softball team playing in a tournament. He returned home a day early and caught his wife (who worked at the base gym and came off as very flirtatious) with another man in their bedroom.

That's the meat and potatoes of the incident.

Now, the amusing part. I'm scheduled to work Police-2 (housing patrol) the following morning. Because of the earlier events described above, I had to wait until the incident was resolved (I think it was initially declared a domestic). Anyway, my off going comes into the squadron with a pair of shoes and a brown paper bag. I asked what was all that. It's the guy's (guy caught with firefighter's wife) clothes was the response. Turns out, the guy panicked, ran out the housing unit (after being allegedly being pushed) butt-naked. He streaked across housing, went into another building and used a shirt to cover himself up. When he was brought in, they had him in a rain coat that was kept in the patrol car. So, on top of being charged with adultery, this guy was hemmed up for indecent exposure too. Probably one of the more memorable tales from my time in service.
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SSgt Investigative Analyst
SSgt (Join to see)
>1 y
LOL. The 3POX1 Security Forces career field. You meet some of the most interestin people.
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CPT Multifunctional Logistician
CPT (Join to see)
>1 y
Actually worked in that Fire Department for 3 years, 1999-2002. Quite sure that is a true story.
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MAJ Operations Officer (S3)
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Given recent reports he is probably looking at below the zone promotion to General Officer. I had a peer that slept with an E6s wife. He was an O-3 and made BZ to MAJ and BZ to LTC. You say something you get ostracized. The tag line was if you cant fuck you cant fight. This scumbag would assigned class rosters based on junior officers he thinks he could sleep with. Disgusting. He became branch manger and which screwed over my career. But Im happy to be getting out if he ie promoted ahead of peers.
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LTC Hardware Test Engineer
LTC (Join to see)
6 y
I knew a married CPT in Iraq who was sleeping with a SPC. Relieved for cause, not for the adultery but because he left his 9mm in the shitter and failed to report it missing for 2 days. They sent him home and 6 months later he was promoted to Major.
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MSG Intermediate Care Technician
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Anyone got some butter for this piece of toast?
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LTC Hardware Test Engineer
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I did an article 15 on a SSG in a similar situation. reduction in rank, loss of 1/2 months pay for 2 months, 45 days extra duty and 45 days restriction. Basically the max allowed for a field grade AR-15. As investigating officer, I recommended court martial but the CoC really liked this guy and it was his first offense of any kind. I was told that court martials for adultery when that is the only offense committed are virtually unheard-of.
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CPL Jay Strickland
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Where I have seen it prosecuted is when it is another solider's wife, because that affects good order and discipline. Do you want to have to deploy with someone who slept with your wife ?
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LTC Command Judge Advocate
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To the original question, the maximum punishment that could be imposed under the UCMJ is a dishonorable discharge, forfeiture of all pay and allowances, and 1 year of confinement.

In reality, it's unlikely this goes to a General Court Martial. Typically, adultery cases are very difficult to prove (however, in this case, this does not appear to be the issue due to the pregnancy being strong evidence of sexual intercourse).
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LTC Hardware Test Engineer
LTC (Join to see)
6 y
typically adultery cases never go to court martial unless there are other crimes associated (ie trying to cover it up or lying about it). Field grade article 15....
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SFC Joseph Weber
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Typically they don;t do a CM for just adultery. Mostly just throw it in on someone who broke a whole slew of laws. Since it is an officer who is the aggrieved it will depend on whether he or his COC want to make a big deal out of it or just let it slip away and be forgotten.
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