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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19099
Experience:  Lawyer and current JAG officer.
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I was dating this girl when I was in the military stationed

Customer Question

I was dating this girl when I was in the military stationed in Korea. She got promoted to SSG and I got demoted to SPC. It turned into an improper relationship because we kept the relationship going. I got her pregnant ETS'd and she has 1 year left on her contract. Can she be punished under UCMJ for getting pregnant and I'm out of the military?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Yes, she could. The fact that you are no longer in the service isn't legally relevant. What matters is what your rank was and her rank was at the time of conception, because that acts as the nearly fool proof evidence of the relationship.

This works the same with any criminal offense. We look at the situation at the time it occurred and subsequent facts, while sometimes relevant, don't entirely change the determination.

She could technically be punished under the UCMJ.

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