Posted on Jun 3, 2015
SGT Team Leader
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As a leader, how would you handle the following scenario?:
You stumble upon two soldiers, who you realize are both married (though not to each other), performing acts, other than intercourse. Neither are in uniform. They are approximately the same rank, but different platoons.
Under UCMJ Article 134...loosely, you could begin punitive action. What if they were in uniform and caught, by you alone? What would be your COA?
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SA Harold Hansmann
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1SG Claims Assistant
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Call me old-fashioned, but I think being married still matters.
In the Army, Adultery is a UCMJ offense. Outmoded you say? Not so fast, sunshine. The reason that article is on the books is because this conduct is prejudicial (very) to good order and discipline. Don't believe me? Try being the First Sergeant when the angry spouse shows up.

It has to be reported to the commander. You could go to a lower level to start with, but it will undoubtedly be commander business to investigate and refer charges, if necessary.
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LtCol Matthew Sutton, I don't need a conviction, I need the behavior fixed.
In my experience, Adultery is almost never (only saw it once) a stand-alone charge. It usually goes along with a fraternization, conduct unbecoming, or general article violation as an aggravating factor/ charge.
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SSG Battalion Intelligence (S2)
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Technically, nothing happened that is actually *enforceable*. And that said, I don't know the context. They obviously have crap marriage relationships or this wouldn't be an issue, and I am not in a position to become their marriage counselors. It is a personal issue that needs to be worked out personally. Nothing will be gained by interjecting myself into it.

If I say anything at all, it would be along the lines of "If this is the route you want to take, be more careful about it. Your responsibility".

On the other hand, if it is painfully obvious to people and good order/morale is being disrupted, there's no choice but to load up the Article 15 cannon.
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