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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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My wife who is also an active duty soldier, cheated on me a

Customer Question

My wife who is also an active duty soldier, cheated on me a couple months back. The chain of command swept it under the rug and even the sergeants in my section have forgotten about any type of punitive treatment for my wife or the other soldier she slept with who is getting protected by the sergeants in our section. Is there a legal way I can get this resolved.
Submitted: 11 months ago.
Category: Military Law
Expert:  Peter Griesch replied 11 months ago.

Thank you for your questions.

Yes. There are a few ways you can go about this. If you have run this up your chain of command (through the battalion level), and the command refuses to pursue this in any way, you can either make an Article 138 complaint, or report directly to CID.

An Article 138 complaint is a way to redress a wrong when the battalion level has refused to act. The complaint must be in writing, the subject should be "Article 138 Complaint," and should set forth the details of what happened, and the relief you seek, i.e., that you want this crime investigated. It gets routed through the battalion, and then is sent to the commanding general for action. The CG must respond to you, but may decide whether to take any action.

You could also report directly to CID to investigate, though that being said, CID may defer to the battalion CO and his decision not to act.

Those are the avenues available to you for redress. I'd recommend an Article 138 complaint if you've already run this through the command.

Keep in mind that in the military system the commanding officer can decide to not prosecute or punish someone even if there is evidence of a crime, and may do so for a number of reasons...such as advise from a JAG that the case cannot be proven, the severity, etc.

If the general takes action on the case, that solves your problem.

Good luck.

Expert:  Peter Griesch replied 11 months ago.

If you have any further questions, I'd be happy to assist.

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Thank you.