Ok i know i asked this?

Question

I know I asked this, Can my brother get in trouble with the army if he is married but seeing someone in his company/platoon (?) well come to find out she is pregnant (mistress) will they still kick them out or what would happen?

Ok well my sister inlaw called and told on him on Friday but he told me that she didnt report it to the right people, does that matter in any way?

Answer 1

The military frowns on relationships within the same unit but as far as being illegal, I think that is only if the two in the relationship are directly within the same chain of command, suchc as a sergeant over a private. Also it is illegal between Officers and Enlisted members.

The only exception is if it demonstrated that there was a
pre-existing relationship between them.
Example:
An Female Officer's Civilian Husband decides to join the service but as an Enlisted man. Now even though Officer/Enlisted relationships are illegal, they already had a relationship BEFORE he became enlisted. The military cannot make them divorce.

As to your Brother being Married but getting this other Military person pregnant. Yes he is in all sorts of serious trouble as Adultery is a punishable offence under the UCMJ.

Adultery in the military is actually prosecuted under Article 134, which is also known as the "General Article." Article 134 simply prohibits conduct which is of a nature to bring discredit upon the armed forces, or conduct which is prejudicial to good order and discipline.
Adultery is not specifically mentioned.

HOWEVER:
The UCMJ allows the President of the United States to administer the UCMJ by writing an Executive Order, known as the Manual for Court Martial (MCM). The MCM includes the UCMJ, and also supplements the UCMJ by establishing "Elements of Proof," (exactly what the government must *prove* to prosecute an offense), an explanation of offenses, and maximum permissible punishments for each offense (among other things). While the MCM is an Executive Order, enacted by the President, in reality much of the contents are a result of military and federal appeals court decisions.

One of the things that the MCM does is to expand article 134 into various "sub-articles." One of these "sub-articles" covers the offense of adultery

Article 134— Adultery
Text.
Elements.
(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.

Explanation.
(1) Nature of offense. Adultery is clearly unacceptable conduct, and it reflects adversely on the service record of the military member.

(2) Conduct prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces. To constitute an offense under the UCMJ, the adulterous conduct must either be directly prejudicial to good order and discipline or service discrediting.
Adulterous conduct that is directly prejudicial includes conduct that has an obvious, and measurably divisive effect on unit or organization discipline, morale, or cohesion, or is clearly detrimental to the authority or stature of or respect toward a servicemember. Adultery may also be service discrediting, even though the conduct is only indirectly or remotely prejudicial to good order and discipline. Discredit means to injure the reputation of the armed forces and includes adulterous conduct that has a tendency, because of its open or notorious nature, to bring the service into disrepute, make it subject to public ridicule, or lower it in public esteem. While adulterous conduct that is private and discreet in nature may not be service discrediting by this standard, under the circumstances, it may be determined to be conduct prejudicial to good order and discipline. Commanders should consider all relevant circumstances, including but not limited to the following factors, when determining whether adulterous acts are prejudicial to good order and discipline or are of a nature to bring discredit upon the armed forces:
(a) The accused's marital status, military rank, grade, or position;

(b) The co-actor's marital status, military rank, grade, and position, or relationship to the armed forces;

(c) The military status of the accused's spouse or the spouse of co-actor, or their relationship to the armed forces;

(d) The impact, if any, of the adulterous relationship on the ability of the accused, the co-actor, or the spouse of either to perform their duties in support of the armed forces;

(e) The misuse, if any, of government time and resources to facilitate the commission of the conduct;

(f) Whether the conduct persisted despite counseling or orders to desist; the flagrancy of the conduct, such as whether any notoriety ensued; and whether the adulterous act was accompanied by other violations of the UCMJ;

(g) The negative impact of the conduct on the units or organizations of the accused, the co-actor or the spouse of either of them, such as a detrimental effect on unit or organization morale, teamwork, and efficiency;

(h) Whether the accused or co-actor was legally separated; and

(i) Whether the adulterous misconduct involves an ongoing or recent relationship or is remote in time.

(3) Marriage. A marriage exists until it is dissolved in accordance with the laws of a competent state or foreign jurisdiction.

(4) Mistake of fact. A defense of mistake of fact exists if the accused had an honest and reasonable belief either that the accused and the co-actor were both unmarried, or that they were lawfully married to each other. If this defense is raised by the evidence, then the burden of proof is upon the United States to establish that the accused's belief was unreasonable or not honest.".

Lesser included offense.

Article 80—attempts

Maximum punishment.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
---------------------

There are three "Elements of Proof" for the offense of Adultery in the Military:

(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 #2 is usually pretty easy for the government to prove. There is normally sufficient written evidence to prove whether or not someone is legally married. (Many folks will be surprised to learn that in the military, a single person can be charged with the crime of adultery).

Element #1 can be very hard to prove. Remember, a court martial (like civilian court) requires *proof* beyond a reasonable doubt. Proof of sexual intercourse normally requires photographs, a confession of one of the parties involved, an eye-witness, or other legally admissible proof. (The mere fact that someone stayed over at another individuals house, or even slept with them in the same bed is not proof of sexual intercourse.
However the fact your Brother got this girl Pregnant I would think is "sufficient evidence"

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.
But again in your brothers case. getting another military member pregnant Which can interfere with her job and therefore interfere with the military mission. I think is sufficient grounds again.
All three elements are easy to prove in your brothers case.

Maybe your Brother should have kept his dick zipped up.

Answer 2

is this a joke? if not here is what a condom is and best of luck with you... MALE CONDOMS: The male condom is a sheath placed over the erect penis before penetration, preventing pregnancy by blocking the passage of sperm. It is a barrier method of contraception. A condom can be used only once. Although some condoms have spermicide added (the spermicide is usually nonoxynol-9 in the United States) to kill sperm, spermicide has not been scientifically shown to provide additional contraceptive protection over a condom alone. Because they act as a mechanical barrier, condoms prevent direct vaginal contact with semen, infectious genital secretions, and genital sores and discharges. Most condoms are made from latex rubber, while a small percentage are made from lamb intestines (sometimes called "lambskin" condoms). Condoms made from polyurethane have been marketed in the United States since 1994. Except for abstinence, latex condoms are the most effective method for reducing the risk of infection from the viruses that cause AIDS, other HIV-related illnesses, and other sexually transmitted diseases (STDs). Some condoms are pre-lubricated. These lubricants do not provide more birth control or STD protection. Non-oil-based lubricants, such as water or K-Y jelly, can be used with latex or lambskin condoms, but oil-based lubricants, such as petroleum jelly (Vaseline), lotions, or massage or baby oil, should not be used because they can weaken the material.

Answer 3

Dishonarble Dishcharge

Answer 4

Oh hell yes he'll get in trouble. They don't stand for infidelity in the military. In the very least, he'll get demoted big-time. I don't know if it's more serious since he's seeing someone in his platoon, but they'll probably both get in trouble.

REgardless of who she reported it to, it will get around to the "right" people eventually anyway. It's just a matter of time.

Answer 5

It depends on his commander. When my husband was in command, he threw the book at soldiers for this. It's illegal under UCMJ, but how it's handled is completely at the discretion of the commander. If they are of equal rank, they can't slap him with further charges of fraternization. If there is a rank difference, and she is under his authority, he's toast.

Answer 6

Will they get in trouble... yes, very likely.
Kick them out... no, probably not. but they will most likely reassign one (or both) of them.

Answer 7

My best friend got booted for it. the girl didn't get pregnant and they both denied it, didn't matter.

Answer 8

Yes he can, but even if he couldn't, he needs to be faithful to his wife. I have no respect for cheaters.

Answer 9

infidelity is a UCMJ offense

Answer 10

who nos!!!!!!!!!!!!!!!!