Posted on Apr 28, 2014
SFC Bde Mobility Nco
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I would like to hear others opinions on this. Im not talking SM and SM because I want to hear more than an "army" answer. Example Soldier has an affair with a Civilian.
Posted in these groups: Ucmj UCMJ
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Responses: 73
MAJ Brigade Logistics Officer (S4)
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To answer your direct question----I agree with others on this topic, but above all----If you are married then you are married!

This is a pretty common topic amongst my peers especially while in command. However, it is illegal. There are three elements that have to be proven. Here is the criteria for proof:

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.

Now, that being said, proof has to be admissible in court---i.e. pictures, video, eye witness. It is easy to prove if someone is married or not.

*Element #3, in many cases, can be the most difficult item to prove. The government must show that the individual's conduct had some direct negative impact on the military. This normally would include cases of fraternization (officer & enlisted) or a relationship with another military member, or a military spouse.
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SSG V. Michelle Woods
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Here's MY question...why is/was sodomy a crime in the military??? Just curious...
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TSgt Scott Hurley
TSgt Scott Hurley
>1 y
Ehmmm.... No COMMENT!!!!
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SSG V. Michelle Woods
SSG V. Michelle Woods
>1 y
Don't get me started SGT Welsh :)
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CMDCM Gene Treants
CMDCM Gene Treants
>1 y
Okay, to inject a serious note into this string, probably because the same people who Wrote the Blue Laws in so many states influenced the UCMJ,
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SSG Jonathan Rowley
SSG Jonathan Rowley
>1 y
Interesting point SSG Woods. I would assume that both sodomy and adultery are a crime in the military for the same reason. Our founders were very religious. Also, side question, has anyone heard of someone getting punished under the UCMJ for sodomy?
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SSG Squad Leader
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Adultery is not compatible with the army values. If you cannot keep your word to the ones you love how can we trust you will bear true faith to our country.
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LTC Operations Officer (Opso)
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Plain and simple: conduct unbecoming.
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Cpl D. Blake Wilson
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It's punished under Article 134, so adultery in and of itself is not identified by its own article. Regardless of who's involved, as a SM you are held to a higher standard. If you cannot keep your junk to yourself, then you clearly display impulse control problems and are fair game for disciplinary action. SM to SM adultery is even worse because now you're potentially impacting unit cohesiveness.
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CMSgt Mark Schubert
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I have to start my answer with a question - What difference does it make if it's a crime in the military or not?

It's wrong - period. It doesn't matter on what level. The fact that you are asking the question tells me you know that.

I suggest to not do anything that you know is wrong whether or not it may be legal to do so. That doesn't mean it's the right thing to do.
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SPC(P) Signal Support Systems Specialist
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Well, look at the Army Values..
Loyaty
Duty
Respect
Selfless-service
Integrty
Honor

Does cheating on your spouse fit into ANY of that? You're ability to remain faithful to your spouse, the person that you made a personal OATH to in front of your God (whomever they may be) and those lucky enough to witness, is a direct reflection of YOU. Is it no differnt that the OATH you made to this country? No. It's not. So, if you can't be faithful in the most private portions of your life, how can you be in your service?
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SSG Aircraft Powertrain Repairer
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Adultery is the biggest form of disrespect to another. Furthermore it has no place in the military; as professionals we cannot condone this behavior because it would breed several issues across the board. Including marital issues; suicide/murder; and broken homes for th eyoiung ones. If anything I believe th erules are way to lenient. I was cheated on and the courts agreed to give the kids to my cheating ex-spouse. BTW she cheated both of my tours in the beginning of my career. SO for her cheating she was awarded support payments and entitled to custodial custody. I havent seen my children in four years. If the military could hold spouses on either side accountable and let that reflect appropriately to these "NO FAULT" states( a no fault state disregards certain inadequecies or wrong doing) I think we would have a more professional family united system. No one wants to come home to a cheating spouse nor does a spouse want to hear about a cheating Soldier the rules should be in place to punish either party. Another issue I have is all my Soldiers who were cheated on during deployment where I was their Leader. SOme came back with permanent gifts (STD) allot of them stated prior to procreating that the perpetrator never stated the fact they received an STD and were about to give it to the Soldier. I have a problem with that because it is malicious and criminal it is something these Soldiers will be able to claim for medical benefits because it wasnt there fault their spouse was evil. SO i say yes continue the criminal charge and go a step further and not just ARTICLE 15 the person throw them in prison because they are poison to the U.S. Forces image.
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CPT Operations Officer
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Ok, everyone here has been talking about adultry goes against "the Army values," " it's a selfish act" etc etc etc...

Adultry is a crime because most of the laws that the UCMJ is based on are based on the Puritan beliefs that our country was founded upon. Is it a crime? No... Is it stupid to do it, yes. It does effect your unit's cohesion and discipline.
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SGT Jim Z.
SGT Jim Z.
>1 y
Cannot agree more with your example.
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SFC Grant Johnson
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Too easy. I'm going to keep the "Army Values" talk out of this one. Because everyone has values, and codified Army Values are a fairly recent creation to keep people from diverse upbringings on the same sheet of paper. Many of the laws we have to abide by in the military are to keep us all getting along with each other in an orderly fashion. A harmonious, close-knit unit is made up of members who will have each others backs on the battlefield, and are willing to do extraordinary selfless things in combat. Acts like sleeping with your battle buddy's spouse, sleeping with your subordinates, stealing from each other, etc..... hurt unit cohesion. Am I going to charge that machine gun nest to save you when you are pinned down and wounded, if I know that you slept with my wife? No. Am I going to respect you and follow you as a Leader if you are sleeping with subordinates, and showing them special treatment? No. Good order and discipline. The only time I've seen it be a problem when Soldier with civilian, is if it is a fellow Soldier's spouse, as others before me have commented. Do what your personal code and rank can afford......
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SFC Operations Nco
SFC (Join to see)
>1 y
I don't agree with the "Do what your rank can handle" crap, SFC Johnson.

I've seen people of higher grades than me get away with things that would get anyone below them nailed to a cross and left out to the vultures.

The UCMJ is still a standard we all have to abide by, weather they need serious updating or not. A person's rank should have nothing to do with the outcome of a substantiated charge, but it happens.
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SFC Grant Johnson
SFC Grant Johnson
>1 y
SGT Walker, I agree with you 100%. Those higher grade individuals knew they could get away with crap, and they did. It rankles me too. I think we've all seen Flag Officers allowed to retire after committing acts that lesser-ranked individuals get confinement for.
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SFC Operations Nco
SFC (Join to see)
>1 y
The latest example came out of the 82nd ABN. Had it been a MSG or below, he'd be in prison. If they're going to enforce a set of laws, they have to do it fairly across the board.
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MSgt Samuel Moore
MSgt Samuel Moore
>1 y
SGT Walker, while I agree with you 100%, the reality is that there have always been double standards in the military. The officers are never held to the same standard as the enlisted.
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