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Just wondering what kind of action would be taken against someone whos in the military that had an affair?...my husband is in the military and so is the girl he cheated with...so could they get demoted? or ucmj action taken against them? what would be the consequences?

2007-05-06 20:55:41 · 19 answers · asked by ღCCღ 2 in Politics & Government Military

my husband says if i divorce him over this and he gets demoted then i wouldnt get child support...or i would get hardly anything for my two kids with him...

2007-05-06 21:06:00 · update #1

is what he saying true?

2007-05-06 21:06:51 · update #2

why would taking ucmj action against him be morally wrong??? wasnt he in the wrong to break our marriage vows in the first place? okay that dont make sense saying it would be wrong to take ucmj action against them...they both deserve it cause they both cheated on their spouses!

2007-05-06 21:15:20 · update #3

19 answers

I don't think there will be any action..

2007-05-06 21:03:36 · answer #1 · answered by el_ahava 3 · 3 5

YOur cheating husband is full of it. Any military member who commits adultry can be held by UCMJ..he can get demoted, etc. He cannot with hold child support since this is directed by civilian courts. If he were to stay in the military he must give you BAH (housing allowance due his rank). Call his commander and tell him what has went on. I will say that unless you have some type of proof or a confession he can deny it. Of course if he does i'd divorce his butt and take 50% of his retirement (if he retires) and you will get child support (a quantity of his BAH)....all the rules of UCMJ can be found in the Manual of Courts Martial-which every Commander and First Sergeant has a copy and you can also call the base JAG office or provost marshall (one in the same). Good Luck and take no crap

2007-05-07 07:30:00 · answer #2 · answered by Anonymous · 4 0

1st things 1st, I am sorry this happened to you! Now For the fun stuff. UCMJ is no joke. If you go for it, Just know you will lose him so be sure this is over before talking to anyone on base! I have BTDT with fleet and family ask a simple question, get a seriously weird answer and investigating. You will recieve money for your children, don't let that be the reason you stay, as long as he is in the military he MUST pay you. I'd say take the jerk down and watch his world fall around him. If you chose to go to your family services and talk to some about your options. Now for the girl he cheated with if she is in command or his officer she will also be in trouble. Good luck.

2007-05-08 03:04:08 · answer #3 · answered by Marine Wife 1 · 0 0

adultry is NOT prosecuted under the UCMJ UNLESS it is in conjunction with another charge. For instance, if your spouse and the girl he had the affair with are in the same chain of command, that is Fraternization and can be prosecuted under the UCMJ becuase it directly affected the Command and it's mission. But if she was in a different Command, tyhey p[robably won;t do anything unless they can prove he snuck out during a watch to go see her.

IF he is brought forth on charges, he CAN lose a pay grade, half months pay for 1-3 months and be confined to quarters. so yes, it can have a serious financial impact , becuase if he gets demoted, his pay goes down accordingly.

so be very very careful of the revenge you seek. Far better to just get a good lawyer and secure Child support and Medical for the kids.

2007-05-07 11:06:17 · answer #4 · answered by Mrsjvb 7 · 1 0

First, it is a violation of Art 134, UCMJ, to commit adultery. This is punishable UP TO, Dishonorable Discharge/Bad Conduct Discharge, up to one (1) year confinement, and total forfeiture of pay and allowances.

Two, it's extremely hard to prove adultery. Either one of the partys has to admit to the offense, or other proof SHOWING the act, have to be presented. If neither of these things happen, then there is no proof. If there is no proof, there is no crime. Sorry, but that's the way it is.

Three, even if the proof was presented, and it was definate, it is unlikely that anything would happen because of this offense. At the most, he may receive an Art 15, but that would be it.

Four, he has no say in the matter concerning child support AS LONG AS HE IS IN THE MILITARY. Once a judge decrees that he will pay, then the documents will be forwarded to Dept of the Army, and Dept of Fianance and Accouting, and an the money will be automatically deducted and sent to your bank account. The only way that can be stopped is by another court order. Once he gets out of the military, however, you may be hard pressed to get the money.

2007-05-07 06:02:06 · answer #5 · answered by My world 6 · 6 0

The military doesn't take such cases lightly (depending on the command who will try to cover him but if you press forward with it then they don't have much say so from cases I've seen) and the military law usually always sides on behalf of the wife. Depending his rank, most likely get a NJP (non judical punishment or as they say, going to see the old man), possibly get demoted in rank because cheating is covered in the UCMJ and also fraterization may be part of the case depending on rank between the two and if they work together. One you still be looked after especially if you have a child together. Best advice is to go to the base legal services and talk to someone there to see what advice they can give you.

Okay and having a kid with him, you can get two-thirds of his paycheck after you divorce him. So trust me on this one, you would be receiving child support automatically allotted to you but would lose your base privilages except when escorting your child on.

2007-05-07 05:00:51 · answer #6 · answered by kdl2584 2 · 4 0

I was in the U.S. Army for four years. More than likely nothing is going to happen to him or her. If you make a big stink about it there may be an investigation. It also depends on his chain of command. I knew so many people in the military who commited adultry and nothing ever happened to them. Usually the First Sergeant turns their back on the situation and ignores it, as does the Company commander. They don't like to get involved. I've even known gals who get pregnant by married men in their unit and nothing happends. Doesn't mean it won't in this situation. You mentioned your husband said you won't get child support if he gets demoted. This is simply not true. You are going to get child support no matter what! I'd just leave him...you'll be better off without this cheater and liar in your life. Best Wishes in the future.

2007-05-07 12:34:47 · answer #7 · answered by ? 6 · 1 0

It was unfortunate incident that happened, however while everyone is correct it is against the UCMJ to commit adultery. Most branches will not really do anything unless the people are "caught in the act of adultery". They could still have an investigation, but as for trouble, i.e paperwork, losing rank, etc, they usually have to be caught. Its stupid, but thats how it is.

2007-05-07 22:12:11 · answer #8 · answered by Sharpie211 4 · 0 0

My world is correct - even if it were proven, most likely nothing would be done. Unless it's an officer-enlisted affair or a staff NCO-lower rank enlisted affair. I knew a First Sergeant once who took his girlfriend to an Army ball and showed her off to his troops and the brass! Did he think everyone would forget he was married?

Even in a case as flagrant as this, nothing was done until he committed another unrelated UCMJ violation several months later. Then they "suggested" he retire. He did.

I realize this isn't really what you want to hear. But unless there is a large disparity in rank between the two having the affair, the only thing you'll definitely accomplish by pursuing this is to make him angry enough to fight you in everything. Fight = $$$$ out of your pocket and not necessarily much in return.

Good luck!

2007-05-07 07:01:19 · answer #9 · answered by retired military wife 5 · 1 1

It is an Infraction of UCMJ law. All UCMJ Laws carry the same maximum punishment of death.

Obviously that won't happen to him.

I don't know exactly what would happen. But it is a UCMJ Infraction.

What he's saying is true. He loses money, you lose child support. You will get something though, they till take it from his ***. My best advice would just to be to Divorce him. Don't take UCMJ Action. I have no tolerance for people who cheat, I won't let all the secrets I know about people out, but if their wives find out I have no sympathy for them.

But still, taking UCMJ Action would just be morally wrong, imho.

-------------------------

Of course cheating is wrong.

But does anyone really deserve their entire lives to be ruined because of one incident (the whole thing being an incident), everyone does wrong things. He shouldn't have to pay for it until he dies.

Believe me, he should be beat to within an inch of his life. But, with that he will heal, just as you will one day heal from being hurt.. This is something that doesn't heal.

Taking UCMJ Action is no game. It will be with him forever. If he planned on making a career out of the military, he will probably never make it above E-6. If he's an Officer then he is just totally screwed. He'll get knocked down and probably never make another rank again. It will also follow him into the civilian world if he gets out.

2007-05-07 04:12:25 · answer #10 · answered by Burn It 4 · 2 3

Kdl and Burn are pretty much right.

You WILL still get child support. But if he cannot advance due to the UCMJ, you might never get *that* much.

Yes, if he cheated he was wrong morally. It might sound like a great idea to 'get him' thru his job, however don't let his stupidity effect his career. If he was at IBM, this wouldn't even be an issue....

If you want to get him - the best way is to move on with your life and be happier without him. I've BTDT - my ex isn't military, my hubby now is....but I'd never turn him over to UCMJ if he cheated. Just something about that turns my stomach a little.

2007-05-07 05:32:41 · answer #11 · answered by Anonymous · 2 3

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