Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.
Not sure what you mean by "exemptions" for adultery. There aren't any exemptions. Even legal separation
is not an exemption or defense. It is a factor command can consider, but it is not a legal defense.
Adultery is a violation of Article 134
of the UMCJ. So, that is the first violation. As for the issue of his position over her, that could also make the relationship an unprofessional relationship, in violation of the regulations against UPR's, which is a violation of Article 92
of the UMCJ. That would just be against him, though, not her.
There would also be a potential fraternization
violation now, being an officer/NCO relationship.
Finally, there is the potential for false official statements, if she is currently claiming in official records to the military that her husband fathered the child, when he didn't. That one is a stretch though, because the military wouldn't really care about this. It's not like she is claiming a dependent that isn't really her dependent, so it is not costing the military anything.
What could command do? Command could investigate the situation, determine it has merit and, technically, court martial
her. Command could, instead of court martial, use non-judicial punishment, counseling, negative performance reports and/or administrative separation. Command could issue a "no contact" order between her and the CW02. Command could choose to do nothing.