Posted on Nov 28, 2014
SSG(P) Instructor
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Adultery is punishable under the UCMJ, but I personally have never seen it executed. I know a lot of service members will phlander while deployed, and likewise, their civilian spouses. With divorce running rampant through the military, divorce rate in excess of 50%, should commands be coming down harder on members that 'cheat'? There are numerous problems with this: there are those that make up stories to ruin a career, is it he said/she said, difficult to prove, do you bring all three witnesses into a court setting to get statements. I would imagine the only time it actually becomes a problem, is when two married service members get involved and it becomes a 'black eye' for the unit. Or in cases where there is fraternization accompanied with adultery...in the chain of command.
I bring up this question because I feel the military could do more, and should institute a pro-active approach to increasing successful marriages. Coming down on cheaters is just one thought. The problem I see with this is the military member gets punished but not the civilian spouse...it is one sided.
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PO2 Corey Ferretti
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No i do not think they should be discharge and given a OTH. We all make mistakes; and to ruin a persons life over a personal indiscretion is absurd. I have seen someone who was brought up on charges of adultery they were a great sailor they just strayed they went on restriction the only reason his rank was reduced was because his indiscretion was with a junior troop. I have strayed back early in my marriage and my wife found out we both were adults and sought counseling and now we are very happily married. Where would i be if 5 years into my career i would of been discharged with a OTH. It would of ruined my marriage and i would of lost benefits. SSG(P) (Join to see) would you want to be discharged because of one stupid mistake that is not even illegal.
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SSG(P) Instructor
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It is illegal under UCMJ...not sure you know this. But NO, I would not like to have an entire career ruined for one indiscretion.
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PO2 Corey Ferretti
PO2 Corey Ferretti
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I know it is under the UCMJ I meat not on the civilian side. That is the one rule under the UCMJ that I don't agree with. Adultery is a matter between a husband and wife or visit versa; not the military and the husband and wife or vise versa. Now if the adultery involves a junior troop and I senior leader then action needs to be taken because of what is involved. But for husband or wife sleeping with a random man or women I don't think soso.
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PO2 Corey Ferretti
PO2 Corey Ferretti
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I agree SSgt Nicholas Sherwood I'm just saying a person should not be discharged under a OTH. It is between a husband and wife only unless the affair encompasses a the frat policy.
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PO2 Corey Ferretti
PO2 Corey Ferretti
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Your right if that is the case then it should because then it is affecting command climate but if Petty Officer Smith goes and hooks up with a civilian that is a matter for him and his wife.
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TSgt Joshua Copeland
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I have seen someone get hit for it a few times over my career. It was never a charge by itself, but part of a whole list of charges.
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SSG(P) Instructor
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I did hear about one person getting an OTH after 37 years and losing his retirement.
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SSG(P) Instructor
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The Uniform Code of Military Justice (UCMJ) is the bedrock of military law. The UCMJ is a federal law, enacted by Congress. Articles 77 through 134 of the UCMJ are known as the "punitive articles," -- that is, specific offenses which, if violated, can result in punishment by court-martial. Adultery falls under Art. 134.
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CW5 Desk Officer
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You pose an interesting question, SSG(P) (Join to see). Definitely thought-provoking, but maybe not practical.

I guess the military could institute such a standard: dishonorable or OTH discharge for adultery. If implemented, I think something like that would definitely (no question) cause some folks to think twice about - and possibly stop short of - committing adultery.
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SMSgt Security Forces Manager
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Great topic! There are many articles in the UCMJ that are really not easy to substantiate and this being one of them, not only that, but Commanders have a responsibility to be good stewards of our tax payers money. Let's think about the time, effort and resources that would be spent to investigate adultery and then weigh it against good order and discipline. Is the bang worth the buck? I think not, in many cases. If it is affecting unit morale then sure take the appropriate measures to correct the problem. In most cases proof is hard to establish and isn't worth the effort. Look at 925. ART 125. Sodomy with the new laws of legal same sex marriages should they be prosecuted for this ariticle? How about a loving husband and wife that enjoys anal sex, should they be prosecuted? I think not, it is a personal choice and the UCMJ needs to be re-written along with most of our pre WWII doctrine.
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SSG Human Resources Specialist
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Article 125 of the UCMJ bans "unnatural carnal copulation". That definition is, "...for a person to take into his or her mouth or anus the sexual organ of another person." So it only bans oral and anal. It does not require "missionary only". You can swing from the chandeliers if you want as long as the "traditional" opening is being filled. Marriage and consensual sodomy is not excused so...in theory it could be prosecuted, but it won't. It's already been challenged in Coltner v. Henry, 394 F.2d 873 (7th Cir. court 1968) and the court ruled that the marital privacy right of a couple to engage in consensual sodomy is superior to the sodomy ban. But Congress has never seen fit to write a marriage or consent exclusion.
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MSgt Electrical Power Production
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You can't change human nature. There will always be those who wander for the greener grass. As they say it does take two to tango. But it is hard to stop hearts that lust for one another. Just not sure it should ruin a career. Maybe a transfer if it is destroying unit cohesion. Just my .02
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Cpl Christopher Bishop
Cpl Christopher Bishop
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When people bring up Human Nature...I tend to think THEN it up to US to bring a bit of self-control into our lives, even when it means opposing our nature, when you are taking an Oath, or Wedding Vow.

If you are unable to do so, or you aren't able to be controlled by anything but your minute by minute mood...then don't make Oaths or Vows in the first place.
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SSG Brian Fernandez
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I would believe there needs to be evidence of proof of adultery. I recall the civilian side of the world that entails a bit more than "they were seen kissing".
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SSG Tim Everett
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I've seen it selectively applied. Usually to junior enlisted or junior NCOs. I'd rather see it applied fairly across all ranks, or done away with altogether. Standards exist for a reason. A colonel or a general getting a slap on the wrist just because of their seniority and leadership value, or the government investment in their career, is ridiculous.
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SSG Battalion S6 Communications Ncoic
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I think the rule should be abolished. The reason is I have seen soldiers, NCO's and Officers who brag about cheating on their spouse to their subordinates , but the their superiors know about it and nothing happen. Don't get me wrong I think it is wrong especially when I heard other SM do it to other SM, but overall I can count on one had on how many times someone had gotten in trouble for adultery in the military. The one that did were officers and all they got was a fine and retired at a lower rank. I can't stop another man or woman from cheating on their husband or spouse so why try. I guess I may have a civilian mind on this, but as long as that person can lead, motive and influence me to be a leader or a better soldier then I don't care what they do in their personal or sex life.


We can talk about Gen Sinclair and Gen. Petraues all we want but we fail to forget that before they got caught having an affair everyone thought they were great leaders. How did one mistake or poor judgment put all what they did out the window? BTW, all the men who talk about Gen Petraues cheating on your wife ask yourself this question. If you was a 60 year old man who had a very attractive woman coming on to you would you turn her down? I know we all have self discipline and self control but I promise most of the SM in the military would not especially, if no one was looking. So, I think we need to be more honest with ourselves before we point the finger.
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SSG(P) Instructor
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SSG (Join to see) The wiley ways of women can easily remove a man from his pedestal. I tend to agree with you on some points, but rules are made for what? To be broken, right? Just kidding, rules are to maintain good order, otherwise the biggest baddest dude in the platoon would be taking everyone's wife home...just saying.
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SFC Military Police
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YES, period.
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SSG (ret) William Martin
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Pursuing charges for adultery is not worth it unless there are pictures or video and accusing others of it opens oneself for slander and/or being punished for making false statements.
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SFC Mark Merino
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Make the parties involved incrue portions of the divorce proceedings. Morals are easier to enforce on some when money is involved...lol.
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SSgt Forensic Meteorological Consultant
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I do not support anymore social B.S. Enough already and that is not an endorsement of cheating but a slap to the face to those who advocate more mischief.
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