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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
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Experience:  Lawyer and current JAG officer.
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Hello,A friend of mine has a unique situation. He was active

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Hello,

A friend of mine has a unique situation. He was active duty marine corps and now he is a civilian. However, his wife who is currently active duty marine corps has had an adulterous affair with a CWO2 for the past several of years. One of my friends children is not biologically his and is beleived to be the CWO2. The officer was also married to a marine when the affair initially started. My friends wife is currently a SNCO and right now are currently seperated. The affair started when the officerwas a Gunny and my friends wife was a Sgt....He was her Company Gunny at the time. My question could potentially happen the command was notified? What articles of the USMJ have been broken? Do they meet all three exemptions for adultery?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.
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.
Customer: replied 1 year ago.

So after everything, its possible that nothing could happen? That does not seem like justice. Well, what would be the best way to report the incident?

Expert:  Allen M., Esq. replied 1 year ago.
I understand that it doesn't seem like justice.

I would agree, but in the military, commanders press charges. They have the final authority, in the same way that prosecutors in the civilian world decide what charges to bring to trial.

The best way to report the incident to contact the JAG office for the base she is located at, so they get news of it right away. That can help ensure that something happens, as JAG will counsel the commander to take some action.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 16116
Experience: Lawyer and current JAG officer.
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