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Recent Adultery questions

Myself an E4 and a newly promoted E5 have been flagged and

Myself an E4 and a newly promoted E5 have been flagged and are under commanders inquiry right now. I chose to speak to an atty, he made a sworn statement. All we were told is there is "substantial proof" of misconduct but didnt tell us what. Article 134 gen article 1, adultery, and frat. Since he wrote a sworn statement he was told in questioning by cdr..what if i told you we have a picture that proves you werent where you say you were but didnt show him anything. Feel like it wasmore of a tactic than anything else. Cdr relinquishes cmd on Monday and she is the IO. Even a picture of him being around doeant constitute adultery.What happens next? Max punishment for either or both?

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P. Simmons

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In a case of adultery and bringing charges against a

In a case of adultery and bringing charges against a military member in accordance with the UCMJ article 134, once an accusation is made, can it be retracted by the person making the accusation, in essence, like "dropping the charges" in a civilian court? At one point is the evidence presented and does this affect being able to drop the charges?

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Allen M., Esq.

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My wife and I were fight about 7 years ago and had problems

My wife and I were fight about 7 years ago and had problems in our relationship. We have since mended those problems. However, 7 years ago, I found out she cheated on me, so I did the same out of spite. I just received an email saying I am the father of a 6 year old (born out of wedlock and I'm still married). I am not in the state where the mother and 6 y/o are, rather stationed somewhere else. I have 18 years of service and I'm worried to say the least.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: I'm in Hawaii, the mother of the child is in WA, I'm a resident of FLJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: noJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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P. Simmons

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Does the CO actually need proof to charge someone with

Does the CO actually need proof to charge someone with adultery for NJP? In no way did it affect the workspace or the command in any way. It was between a military member and a civilian. The only evidence is other individuals saying they witnessed the act.

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P. Simmons

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I received my charge sheet today 107, my command opened an

I received my charge sheet today for article 107, my command opened an investigation on me for fratenization and adultery, my command asked my if my soon to be ex wife was planning to go on leave with me and I said yes, she said in her statement that she was not. Do I have a chance to fight this at a court martial? If I refuse NJP could they add on more charges?

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P. Simmons

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I was told by my staff Sargent that while my sister was

Hi there, I was told by my staff Sargent that while my sister was visiting me on post I am responsible for her actions under the ucmj. Is that true? She was under age snuck out of my house and was fraternizing with some of my married neighbors. She came home intoxicated. I was really upset and cut our week long visit short. sent her home.2 weeks later, One of the wife's of the married men contacted me and is thinking about filing a complaint about her regarding possible infidelity/inappropriate behavior that she walked in on. I have questioned my sister about this and she denied everything. If the complaint is valid will I be subject to ucmj consequence?

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Marsha411JD

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I spoke with you previously about my situation but here is a

Good evening sir, I spoke with you previously about my situation but here is a recap along with an update: I'm in the military and was under investigation for adultery and fratenization. I am an E-4 and the other involved party is a E-2. It has been 5 weeks since the investigation finished and they informed me that they did not have enough evidence for adultery but we're going to try and NJP me because my soon to be ex wife who is an E-4 made a statement saying that I told her to lie on her statement, of course she can not prove I told her that but my Sgt Maj still wants to push for NJP. My soon to be ex wife is currently on deployment, and will be gone for another 7-8 months. Should i refuse the NJP if they try and NJP with just my wife's statement?

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P. Simmons

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My command opened an investigation on me a month ago and

My command opened an investigation on me a month ago for fratenization and adultery because apparently myself an E-4 and a E-2 in my command had put in a very similar leave request with the same leave address (my record of home address) the E-2 stated that she used an old template (mine) and didn't bother changing the address because it was close to mine. The investigation lasted one week and it's been over a month and I still haven't heard anything or received charges, I will probably be eligible for promotion next month but my SSgt made me sign a non rec because he said I'm still "pending legal action." Since the investigation ended we have had a change of command and now have a new CO. Should I request mast?

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P. Simmons

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I'm trying to help my friend gather information

I'm trying to help my friend gather information for a characterization upgrade to an OTR. The incident happened over 26 years ago. He has dealt with depression over what seems to be an unethical application of the Chapter 10 option. (In my opinion.) He was charged with rape. I've read the testimonies and statements. He has finally seen the CID report and the results are 'no weapon found,' 'no fluid,' 'no fibers,' and there are no polygraph results anywhere. The accuser contradicted herself 100% in a sworn statement or testimony and admitted she had blackouts, was admitted into rehab and some kind of 'center' before she joined the military for her issues. He knew he was innocent but the military said "sign this or we're sending you to prison." It is his word against the word of those at the time and of course the board will not upgrade because "it's not on paper that he was coerced into signing." Just hoping to find some helpful case law or something.

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P. Simmons

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