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PhilCave
PhilCave, Lawyer
Category: Military Law
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Experience:  33 years military law experience.
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What is the punishment for Adultery/fraternization plus a pregnancy

Resolved Question:

What is the punishment for Adultery/fraternization plus a pregnancy out of the Affair of a senior enlisted member?
Submitted: 5 years ago.
Category: Military Law
Expert:  PhilCave replied 5 years ago.
It will depend on the overall circumstances.
There could be no punishment all the way up to a court-martial and discharge from the military.
The military has usually taken more of a hands-off approach in the last 10 years or so.
Here are the factors they look at.

Article 92, UCMJ, for violating the fraternization regulations if another servicemember is involved.
Article 134, UCMJ, for adultery. 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.

Depending on how seriously the unit treats the case they could take one of several actions.

A verbal or written counseling not to do it again.
An Article 15. Follow a link for a range of punishment.
A court-martial IF the case is considered flagrant and aggravated by the circumstances. At a SPCM the potential maximum could include reduction to E-1, forfeiture of up to two-thirds pay per month for up to 12 months, confinement for up to 12 months, and/or a bad conduct discharge.

What the command decides to do will depend on how serious the conduct is viewed, the parties attitudes, their reputations and prior service, etc.

Hope this helps.


Customer: replied 5 years ago.

HE was an E-8 at my last command and married. I was an E-3 then E-4 (during the affair). I just had his baby and now he is denying the entire thing and of course that the child is his. The affair was off and on for up to 7 months.

 

I am debating if I shoulld go through Navy Legal for paternity and support..??? Will it ruin his career. We are no longer stationed together?

Expert:  PhilCave replied 5 years ago.
Ah, now this is a different situation.

If he is being a jerk, then yes, the command is more likely to get involved. I see fraternization here. That will make the command even more unhappy.

Navy legal will be able to give you advice and guidance on the CP issue. However, I think the best way is to contact the local child support and welfare agency. They have programs on getting you the assistance you need to get child support, get court ordered child support, and DFAS to garnish his pay.

Don't let him be a jerk. He made some choices. He's making choices now. Those choices are adversely affecting you and potentially the baby. He's turning you into a single mother and running away.

Sorry, his behavior offends me.

You should go to NLSO and make an appointment with Legal Assistance.
Customer: replied 5 years ago.
NLSO??? Is that on-line? I am stationed in Italy now and would like to handle this all through an attorney before I return. I don't want to sit on this for 2 years..
Expert:  PhilCave replied 5 years ago.
The Naval Legal Service Office is located on the facility at Cappo.
It should be in your base phone directory and you can call them to make an appointment.
I agree you shouldn't wait!
Customer: replied 5 years ago.

One more question?? Can I just go through a Maryland Attorney or do you think this is the best way to go?

 

I do also worry about our (me and my son's) well being in the Navy if this gets out and I piss his father off.

Expert:  PhilCave replied 5 years ago.
1. If he starts to make life difficult then there are several avenues, and they will get him into serious trouble.

2. Yes, I recommend a Maryland attorney. You can file for child support in Maryland. You can then get it done in that state. It takes some time, but if done properly DFAS will garnish his pay for court approved child support payments.

3. You should also ask the court to terminate his parental rights, such as visitation, on the basis that he's abandoned the child.

Here is the link to the Maryland child support program.

Be strong, this is for your child and his/her future. You are going to have a lot of expenses now, you may end up having to separate from the Navy. Look around, go to the Chaplain, Family Services and talk about being a single parent in the military.

Good luck!

PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1064
Experience: 33 years military law experience.
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PhilCave
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