Military law and enforcement?

Question

Can someone who is in the military get into trouble for having an extra martial affair

Answer 1

Absolutely. If they are married and having an affair they are subject to a violation of several codes of the Uniformed Code Of Military Justice. Some of which would be:
Article 92: Failure to obey a lawful order
Article 133: Conduct unbecoming
Article 134: General conduct reflecting badly on the military as a result of their actions.
They are subject to non-judicial punishment/review/Court-martial.

Answer 2

In short, yes.

Depending on who is cheating on whom, the punishment does vary.

Example: Sgt Joe Schmuck has an affair with the wife of another Sgt. Punishment usually means Article 15 w/loss of rank and some money. Also sometimes a discharge from the military.

Example 2: Col Bob Flyboy Group Commander had an affair with the wife of anyone. Instant reassignment, maybe a loss of rank and some cash. Rarely a discharge, but in high profile cases, the chances increase alot.

Jim: Add in the conduct unbecoming for officer/enlisted, the catch all article (I cant remember what the number was), Violating a direct order officer/enlisted, also the sodomy article can apply.

Answer 3

WHY?
Well if whom you are married to is so bad then why don't you face them and say it is over and then move on.
If you are married and the person you are seeing is also married then both of you need to face your spouse and tell them unless yo plane on a four way or something.
Don't think it is a ver health thing to do. Now and on officer and enlisted is not looked at very kindly, same command and one is senior to the other again not real favorable. Now you can be in different commands and one be higher in rank they still don't like it but as long as the higher rank does not interfere with command policy then they turn a blind eye so to speak.
But back to your original question, yea you could just depends on who(m) it is with and were the other party is at. If it were me I would not take the chance for a few minutes of fun because if it got nasty you could come out with a lot less than you ever began with. Is it worth it?

Answer 4

It depends. I think under the Uniform Code of Military Justice, there is a stipulation if the person having an affair is an officer or high ranking enlisted they can be cited.

Answer 5

If the military member is caught then they will most likely receive an article 15 (loss of pay/rank). Or depending on their military record and how they are as a serviceman/woman they can also be tried in a military court.

Answer 6

Yep. And even deeper trouble if it's with someone in his or her chain of command, or an officer-enlisted thing.

But for some reason, it doesn't seem to pertain to peccadilloes and dalliances with people one meets at bars while off duty. Oddly, only the other person, the one to whom the offender is married or otherwise attached, seems to care... if he or she finds out. It's called a double standard. It happens on both ends of relationships. And both are adamantly opposed to the other doing anything like that. I never quite understood the logic of the parties involved, and the reason for its being overlooked... Well, that's not true. The reason it's overlooked is because it's so prevalent..

Answer 7

Yes it is against the regulations (law) for some one in the military to cheat on there wife/husband. It is also against regulations to Be the person that some one it cheating with it you are in the military.it is a violation of art 134 under the Uniform Code of Military Justice

Answer 8

Yes they can. Punishment can vary.... Letter of Reprimand, Forfeiture of Base Pay, Loss of Rank, all the way up to a courts martial and a dishonorable discharge.

Loss of allowances or benefits doesn't come in unless there is a discharge or a prison sentence.

Answer 9

Yes they can, the military has the authority to punish individuals who commit this act, depending on the command, some may even decide to take it high enough where the individual can loose rank, loose pay, get restricted to quarters so it wold be smart not for that person to cheat on their wife or husband and i don't feel a bit sorry for anyone who gets caught.

Answer 10

Article 134— Adultery
Text.

See Paragraph 60.

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.