This is more for those who know a bit about Navy Regulations. I have a friend who has been charged with article 134, if you don't know what that is right off the bat it's Adultry. We just found out that he's on the long road to mast, and he's on legal hold, and he was supposed to transfer this month off the boat he's on.
Now he's an EM2 in the Navy (Electrician's Mate 2nd Class Petty Officer) and he's been in the Navy almost 10 years and he's never had an offense on his record during his time in the military or before his time in the Navy. He's pleaded guilty to this, come clean and admitted it truthfully.
What is the worst that can come of this? I mean what kind of consequences is he looking at? How bad? Will it be pretty much a slap on the wrist since he's not done anything EVER in the past??? Will he be able to transfer soon? If anyone has ANY knowledge on something like this I would totally appreciate whatever light you can shed. What are we looking at? Thank you so much
2007-12-03 09:40:38 · 7 answers · asked by Cassie R 3 in Politics & Government ➔ Military
Ok, first of all Article 134 is not Adultery; it's the general article in the UCMJ that is a catch all article. Adultery is one of many nonspecific acts that can be charged under Article 134 and do not have a dedicated punitive article assigned to it. If the worst he gets is Capatin's Mast, he'll be doing ok. If it stays at the command level, he's looking at a possible reduction in rank to EM3, loss of pay for a period of time specified by the commander, and restriction to the barracks for a specified period of time. If the commander refers it to a Courts Martial, he could be confined, discharged and reduced to E1. If the offense stays at the command level, he'll be able to transfer once he's met the commander's requirements for punishment. With the limited information you've provided, that's the best answer I can give. You should not in any way infer that what I'm telling you will happen, I'm just offering my opinion based on my experiences with similar cases.
2007-12-03 09:58:48 · answer #1 · answered by dr_law2003 3 · 3⤊ 0⤋
Article 134 concerns conduct which is prejudicial to the good order and discipline of the service. Adultery is considered to be unlawful carnal knowledge under Article 120 of the UCMJ which also deals with rape.
Since he is on the way to a Captain's Mast held under Article 15 of the UCMJ, that C.O. can decide to sign a charge sheet and refer the matter to trail by court martial. Normally, in a Captain's Mast that referral is for trial by summary court martial which is a trial before a single officer. A summary court martial cannot order the member's discharge under less than honorable conditions. It is limited to reduction in rank and loss of pay, with restrictions on the member's movement within the command.
To get a Bad Conduct Discharge and/or jail time, he would have to appear before and be convicted by a Special Court Martial. To get a Dishonorable Discharge he would to appear before and be convicted by a General Court Martial. Since that proceeding requires a pre-trial investigation be conducted under Article 32, it does not appear the case is headed that way.
Bottom line? He's probably going to be reduced to EM3 with some loss of pay at the Captain's Mast. Given how othr cases of unlawful carnal knowledge have been handled in the Navy he should stop by the chapel after the Captain's Mast and light a candle in thanks!
2007-12-03 17:17:20 · answer #2 · answered by desertviking_00 7 · 1⤊ 0⤋
From everything I've been able to gather, Article 134 is known as the "dont be stupid" clause. It basically covers everything that the UCMJ doesn't specifically state. Adultery can have some pretty serious punishments, and yes, I think he could even face jail time, yet there are different things that they take in to account. Is it something serious, like he's sleeping with his boss's wife, or is he currently going through a divorce? Also I believe that they have to prove that this is negatively impacting the Navy also, which can be hard to prove, and it is also difficult to prove adultery (which means that he must have had sexual relations, I'm almost certain that an emotional relationship does not count), but if he admitted to it, he's out of luck
2007-12-03 09:57:59 · answer #3 · answered by DaniLynn 3 · 1⤊ 1⤋
depending on how the stars align.. he can expect RIR, Forfeiture of 1/2 months pay for a minimum of one and up to 6 months. and possibly brig time.. If he was Joe Squid, top Evals, etc, he might be allowed to finish his current term quietly, but most likely will NOT be allowed to stay in.
If he was the Senior of the two(assuming the other party is also a Blueshirt) he's toast if the CO wants to make an example of him.
2007-12-03 15:02:30 · answer #4 · answered by Mrsjvb 7 · 0⤊ 0⤋
Punishment will depend on whether they decide to court martial him or just send him to Mast.
A court martial could give jail time and a bad conduct discharge. Not likely though.
A Mast, depending on the rank of his commander, could see him lose up to 2 stripes, forfeit a couple months pay and be confined for a short period.
Or they could just administratively discharge him.
Most likely he will face Mast and lose a stripe, then it will be up to his commander, whether to allow him to keep serving or to administratively discharge him.
There are just to many variables for anyone to say.
Alot will depend on who he committed adultery with.
Whether he was single and they were married, both were married, or he was married and the other party single.
Being adulteress with the wife of a subordinate, would be the most serious.
Being adulteress with a single female, while he was married, would be the least serious.
2007-12-03 10:43:43 · answer #5 · answered by jeeper_peeper321 7 · 3⤊ 0⤋
he will probably do some brig time and loose a rank or two and then get the boot from the military...it doesn't matter that he has a clean record up until whenever, he broke the law period.
2007-12-03 14:58:37 · answer #6 · answered by jason 3 · 1⤊ 0⤋
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
2007-12-03 09:44:39 · answer #7 · answered by RTO Trainer 6 · 2⤊ 0⤋