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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19779
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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An employee of the ANG has been having an affair with my

Customer Question

an employee of the ANG has been having an affair with my spouse who is also a ANG employee. What can I do to file a complaint?
Submitted: 1 month ago.
Category: Military Law
Expert:  Marsha411JD replied 1 month ago.

Hello,

When you mention "employee" do you mean civilian employees or military ANG?

Customer: replied 1 month ago.
A civilian employee with my spouse who is a guardsman
Customer: replied 1 month ago.
They have been maintaining contact through work email
Customer: replied 1 month ago.
I just want to know if she would be disciplined for this?
Expert:  Marsha411JD replied 1 month ago.

Thank you for your response. You can file a complaint with the Commanding Officer that is first in the chain of command over both of the parties. In other words, a military officer that has authority over both of them. That said, she would likely be the only one disciplined for the behavior unless they have violated a fraternization rule as well that civilian employees are subject to. If not, she is the one that would face potential discipline, depending on the facts and circumstances.

Ultimately though it is up to the CO to decide what to do with the allegations. In adultery cases, it really depends on the facts and whether the workplace has been affected or there is a breach of the peace. Since adultery is not generally criminal in the civilian community, Commanders don't always discipline their servicemembers for this. Again though if it is affecting the workplace or there is a threat of a breach of the peace, they usually will.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to assist you in the ratings box above, I will receive credit for assisting you today. Thank you

Customer: replied 30 days ago.
She is a civilian employee in Maryland and he is an officer in Tacoma. When he has traveled to DC they have met and had sexual affairs. Will my spouse be disciplined as well?
Customer: replied 30 days ago.
I don't really want to cost her her job, I'd just really like her to be held accountable for her actions as he is
Expert:  Marsha411JD replied 30 days ago.

Alright, well I understood you to say it was your wife her was the Guardsman. If that is not the case, then no, she wouldn't be disciplined unless there is a fraternization rule for civilians she is violating. That, I can't guess about. The Command will know. As for the other party, if he is the Guardsman, then the same analysis applies that I already went through. He may, or may not, be disciplined, it is entirely up to his CO.

Expert:  Marsha411JD replied 29 days ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the10th . For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

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Thank you.

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