Does the Air Force actually punish Airmen committing adultery?

SSG Private RallyPoint Member — Thu, 17 Dec 2015 14:36:13 -0500

Adultery in the Air Force

Response by SSgt Donnavon Smith made Dec 17 at 2015 2:40 PM

SSgt Donnavon Smith — Thu, 17 Dec 2015 14:40:49 -0500

From my experience it is usually an offense tacked on during a Court-Martial but not a primary Offense.
https://en.wikipedia.org/wiki/Kelly_Flinn

Kelly Flinn - Wikipedia, the free encyclopedia

Kelly Flinn (whose surname was sometimes misspelled as Flynn; born December 23, 1970) was the first female B-52 pilot in the United States Air Force (USAF).[1]

Response by SSgt Private RallyPoint Member made Dec 17 at 2015 2:51 PM

SSgt Private RallyPoint Member — Thu, 17 Dec 2015 14:51:15 -0500

As a current defense paralegal I can tell you without a doubt YES! Although a common misconception is that one has committed adultery by engaging in sexual acts outside of intercourse but that's not the case. The law requires intercourse to have occurred to be charged as adultery. It can be difficult to charge someone because one of the elements that the government would have to prove is that it was to the prejudice of good order and discipline or that it was service discrediting. It is most likely only to the prejudice of good order and discipline if the involved parties come from the same unit. And I have never seen it charged as service discrediting because civilians do it too. I know of a court-martial being convened for an adultery case within the past few months. But it's more common to see some lesser form of action taken i.e., Art 15, or admin paperwork.

You may want to seek the advice of your local Area Defense Counsel or point someone in that direction if any of this applies to you or them!

Response by Lt Col Scott Shuttleworth made Dec 17 at 2015 3:25 PM

Lt Col Scott Shuttleworth — Thu, 17 Dec 2015 15:25:19 -0500

I have seen it as a primary offense and it was definitely prejudicial to good order and discipline...caused division in a unit.

Response by MSgt Michael Smith made Dec 17 at 2015 3:26 PM

MSgt Michael Smith — Thu, 17 Dec 2015 15:26:35 -0500

Yup!

Response by MSgt Private RallyPoint Member made Dec 17 at 2015 4:37 PM

MSgt Private RallyPoint Member — Thu, 17 Dec 2015 16:37:46 -0500

Read the UCMJ you'll be amazed at the things you are doing that are illegal......long answer they don't go hunting down adulterers.......short answer if they catch you....yes.

Also hard to prove unless you admit it or get caught in the act.....btw not condoning adultery. Personally having been married 23 years my advice is if someone is even thinking about it...just get a divorce...your relationship is over and you just don't know it......anyway moving on.

Response by TSgt Private RallyPoint Member made Dec 17 at 2015 6:22 PM

TSgt Private RallyPoint Member — Thu, 17 Dec 2015 18:22:46 -0500

I have never seen it actually happen in theAir Force. But I do know of cases within the military at large.

Response by LTC Private RallyPoint Member made Dec 17 at 2015 6:26 PM

LTC Private RallyPoint Member — Thu, 17 Dec 2015 18:26:38 -0500

The vast majority of he time someone is charged with adultery it is because it came out in their statement durring an invitation into another crime.

Response by MSgt John Carroll made Dec 17 at 2015 10:02 PM

MSgt John Carroll — Thu, 17 Dec 2015 22:02:41 -0500

The short answer, yes if proven. There is normally a lot more to it than that though. Odds are the mil member will be placed on a "no contact order" regardless if the offence is verified or not. The more likely that the affair will cause work issues, the more likely that the offense will be punished. What I mean by that is if you are married and banging a single civilian you will probably be placed on a no contact order and given some paperwork. If you are banging a co-workers wife, you will get the no contact order and probably an Article 15 too. There is no cut and dry punishment, but you can expect something negative.

Response by SrA Private RallyPoint Member made Dec 17 at 2015 10:24 PM

SrA Private RallyPoint Member — Thu, 17 Dec 2015 22:24:03 -0500

Yes they do, I can tell you from knowing a guy going thru it that you will be punished.

Response by MSgt Steven Holt, NRP, CCEMT-P made Dec 17 at 2015 10:40 PM

MSgt Steven Holt, NRP, CCEMT-P — Thu, 17 Dec 2015 22:40:09 -0500

We had two Captains married to each other in Iraq get caught having "intimate contact" with each other in her quarters. Both received Article 15 action and were sent back to their home station. Now, I don't know if that actually fell within the "adultery" statute but that's what the General used to get rid of them.

Response by SrA David Steyer made Dec 17 at 2015 11:06 PM

SrA David Steyer — Thu, 17 Dec 2015 23:06:49 -0500

I saw a TSgt in my group was punished for this, according to the "status of discipline" slides briefed at a commanders call once.

No idea who he was (and in a different squadron) but he got an Article 15, and busted down one rank and maybe a fine.

Response by MSgt Jeffrey Forer made Dec 17 at 2015 11:11 PM

MSgt Jeffrey Forer — Thu, 17 Dec 2015 23:11:06 -0500

Yes, all the time.

Response by Capt Joseph Olson made Dec 18 at 2015 12:45 AM

Capt Joseph Olson — Fri, 18 Dec 2015 00:45:28 -0500

It certainly was not a big deal in the 1970's. The only instance I heard of was a pilot Captain who took a Sargeant's wife to a unit dining in and intriduced her as "my mistress". He got away with that until her husbsnd came back from RVN early and found the Captain's flight suits and uniforms in the closet. The Sargeant showed up in my office with the name plate off the Captain's flight suit. He knew the unit because he was in it before he went to Nam. Since the Squadron Commander had ignored the incident, I had him file an Article 138 Complaint against him. Within a week both the Captain and the Lieutenant Colonel had accepted Article 15's and their careers were over. Bad stuff adultry. Especially within your own unit.

Response by Cpl Rc Layne made Dec 18 at 2015 1:36 AM

Cpl Rc Layne — Fri, 18 Dec 2015 01:36:30 -0500

Didn't the Air Force run a female major out a few years ago for adultery and other issues?

Response by SSgt Private RallyPoint Member made Dec 18 at 2015 10:56 AM

SSgt Private RallyPoint Member — Fri, 18 Dec 2015 10:56:59 -0500

Hi, Sergeant Diaz.
In the few times I've seen it happen, leadership tried to resolve it at the lowest level possible just by briefing the offending members to cut it out. I don't think that worked as well as it should have, or as often as they tried it.

Response by SCPO Joshua I made Dec 23 at 2015 1:33 AM

SCPO Joshua I — Wed, 23 Dec 2015 01:33:40 -0500

I don't know about the USAF, but the MCM has been updated since Lawrence to require it to be prejudicial to good order and discipline or service discrediting to charge. Both are hard, but not impossible to prove, especially as a primary offense.

I've never seen adultery successfully charged as a primary offense. I've seen it maybe twice as an add-on charge for fraternization or sexual assault or something like that.

Response by TSgt Thomas Monaghan made Jan 17 at 2016 6:53 PM

TSgt Thomas Monaghan — Sun, 17 Jan 2016 18:53:42 -0500

Only if they are enlisted officers get away with it and everything else.

Response by Sgt Doug Marek made Jul 27 at 2016 4:47 PM

Sgt Doug Marek — Wed, 27 Jul 2016 16:47:30 -0400

I had a 6 month TDA as Assistant NCOIC of Correctional Custody, and can say that whether they were our guest for 7 days ;-) or received a more severe punishment, without a doubt adulterers got punished, if caught.

Response by SSgt Justin Huett made Dec 11 at 2016 9:06 AM

SSgt Justin Huett — Sun, 11 Dec 2016 09:06:10 -0500

They canif they choose. I've seen it before. I knew of a couple who had an open relationship the husband was the service member and when things didn't work oit for the wife, she turned him in. He was then sentenced, lost rank, did some time all the while she lived in nase housing for free.

Response by Lt Col Jim Coe made May 7 at 2017 11:46 AM

Lt Col Jim Coe — Sun, 07 May 2017 11:46:28 -0400

Yes and no. In my 22 years of service, I don't recall seeing an officer prosecuted under the UCMJ for having "sexual relations with a woman not his wife." That's not to say it didn't happen, for it surely did. I did see senior officers reassigned because of illicit affairs, particularly with military or civilian employees. That was a sure way to end your career. Some blatant activities, like having sex with your secretary in your office, resulted in the officer being offered the opportunity to retire in lieu of prosecution. BTW, the secretary received no punishment and was transferred to a similar job at a higher pay grade. We occasionally heard rumors of NCOs being prosecuted under the UCMJ for affairs that brought negative attention to the command. Normally, these were handled through counseling leading to opportunities to change behavior, retire, or be forced out, possibly under less-than-honorable conditions. All this was going in the 1970s and 80s. Greatly influenced by the sexual revolution in the US.

Response by MSgt Private RallyPoint Member made May 12 at 2017 1:09 PM

MSgt Private RallyPoint Member — Fri, 12 May 2017 13:09:34 -0400

Adultery is usually something that gets tacked onto a bigger picture. Only when it messes with good conduct on duty does it usually get dealt with otherwise.

Response by TSgt Tommy Amparano made May 12 at 2017 1:19 PM

TSgt Tommy Amparano — Fri, 12 May 2017 13:19:23 -0400

Haven't seen adultery charged, mostly improper relationships. Those were very disruptive. Especially when a lot of people know it is happening but don't really say anything. When it does get to leadership, then shit really hits the fan and there is investigations and people called in for interviews. Pain in the ass, don't do it.

Response by MSgt John Taylor made May 12 at 2017 5:34 PM

MSgt John Taylor — Fri, 12 May 2017 17:34:26 -0400

95% of the time, the CC will order you to stop it and leave it at that. Press the issue and feel his/her wrath.

Response by CPL Jay Strickland made May 13 at 2017 12:31 AM

CPL Jay Strickland — Sat, 13 May 2017 00:31:17 -0400

There are three elements to adultery:
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.

Element three is the kicker. An example would be Lt. Kelly Flinn the first Female B-52 bomber pilot. she slept with a subordinate's husband, disobeyed a direct order to cease, and lied about it. She was allowed to resign but would have been court martialed otherwise.

Response by SFC Michael Hasbun made Nov 6 at 2017 12:13 AM

SFC Michael Hasbun — Mon, 06 Nov 2017 00:13:09 -0500

If you get caught, sure, same as all the other branches...

Response by CPT Private RallyPoint Member made Nov 6 at 2017 1:10 AM

CPT Private RallyPoint Member — Mon, 06 Nov 2017 01:10:35 -0500

This seems like a loaded question. But yes. All branches of the military will punish the soldier or soldiers for adultery. But units usually don't pry into the ordeal to find the circumstance of it. Usually a soldier will be told that they are fraternizing with the other soldier and try to address it before it even gets there. But if the service member is committing such an act outside of the military atmosphere then it would be hard to catch. You would have to have something solid to show that a service member was committing such an act.

Response by SGT Mike Taylor made May 18 at 2018 11:40 PM

SGT Mike Taylor — Fri, 18 May 2018 23:40:59 -0400

Only time I ever heard of charges filed was between members of the same unit, both married officers but not each other obviously. Both resigned their commissions.

Response by Robert Balfe made May 28 at 2018 12:17 AM

Robert Balfe — Mon, 28 May 2018 00:17:56 -0400

I don’t understand why this has to be a concept that has to be brought up... Either let them do it or make them know each other if it’s a huge deal...

Response by SGM Bill Frazer made May 28 at 2018 11:15 AM

SGM Bill Frazer — Mon, 28 May 2018 11:15:56 -0400

It is in the regs and IS punishable, if they pursue it. Tho normally it is added to other charges.

Response by Cpl Rc Layne made Oct 12 at 2018 6:32 PM

Cpl Rc Layne — Fri, 12 Oct 2018 18:32:21 -0400

You don't remember the air force Officer convicted of adultery some years back? The B52 pilot who drove across several states wearing diapers so she wouldn't have to stop to go to the bathroom?

Response by SFC Dave Nutter made Oct 13 at 2018 2:06 PM

SFC Dave Nutter — Sat, 13 Oct 2018 14:06:56 -0400

Way back before I retired from the Army the only time you would see this charge was in conjunction with some other charge that was going to courts martial. But, I did escort pne prisoner to the stockade in Manhiem. He was convicted of adultery and sodomoy (for engaing in oral sex) he was having an affair with a 16 year old summer hire while his active duty wife was on an extended TDY in the states. She came home a little early and found the young ladies panties in her bed. The commander did not have a lot of choice when she shiwed up at the oderly room with those and the summer hire was a dependent whose parents were none to happy either. As we were riding down the autobahn to the stockade he says "Sergeant is there anybody in there who might hurt me?" LOL

Response by MSgt Chad Shuherk made Oct 15 at 2018 2:18 PM

MSgt Chad Shuherk — Mon, 15 Oct 2018 14:18:43 -0400

In 2011 the AFMC Command Chief William Gurney was. I think he was charge for 4 times with 4 different women.

Response by SGT Mike Churchill made Oct 15 at 2018 4:50 PM

SGT Mike Churchill — Mon, 15 Oct 2018 16:50:07 -0400

During my time in, they never pressed the issue beyond an AR15 Under UCMJ unless the spouse that was cheated on pushed the issue. Normally a counceling statement and an order to stop. If you didn't stop, then you got UCMJ action.

Response by SSG Fred White made Oct 15 at 2018 4:54 PM

SSG Fred White — Mon, 15 Oct 2018 16:54:11 -0400

When it's the Wing Kings wife they do.

Response by SSgt Boyd Herrst made Oct 15 at 2018 7:13 PM

SSgt Boyd Herrst — Mon, 15 Oct 2018 19:13:41 -0400

Art. 134, UCMJ

Response by CPT Private RallyPoint Member made Oct 15 at 2018 8:28 PM

CPT Private RallyPoint Member — Mon, 15 Oct 2018 20:28:22 -0400

I know an O4 who got the boot for it. It was BS because he was legally separated and divorced by the time the actual hammer fell.

Response by SrA Private RallyPoint Member made Oct 15 at 2018 9:41 PM

SrA Private RallyPoint Member — Mon, 15 Oct 2018 21:41:06 -0400

Ask Robert Johnson at Robins how he got away with it. Commanders have too much latitude even with the proof sitting in front of their face.

Response by Lt Col Private RallyPoint Member made Oct 16 at 2018 9:01 AM

Lt Col Private RallyPoint Member — Tue, 16 Oct 2018 09:01:55 -0400

Yes... yes it does. I’ve seen it happen (not to me... I’d have to commit adultry first).

Response by Lt Col Leslie Bryant made Sep 12 at 2020 9:59 PM

Lt Col Leslie Bryant — Sat, 12 Sep 2020 21:59:40 -0400

Yes, but difficult to prove if someone doesn’t confess or they aren’t caught in the act. It’s rare to see Officer to Officer or Enlisted to Enlisted cases. Most cases involve Enlisted Officer cases. And the Air Force has done some really stupid things like trying to force an Officer Navigator who was single to accept an Article 15 for seeing an Enlisted who was married. The fact is the Single Officer didn’t committ adultery since she wasn’t married. They later changed the charge to Conduct Unbecoming an Adult which was more appropriate but not before it has blown up in the news and the USAF looked horrible to civilians who just didn’t get it and the case had been seen around the US! And this is typical of how a number of Air Force Adultery Cases involving Officers and Enlisted have gone! The USAF always looks dump and vindictive!