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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20363
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Can I file a formal complaint against a military service member

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Can I file a formal complaint against a military service member who is having an affair with my spouse who is also in the military?


Thank you for the information and your question. Yes, you can contact the Command Investigations Office, or the Commanding Officer, of the person you want to report. However, you need to keep in mind that if they are both in the military, then they are both violating the Uniform Code of Military Justice by committing adultery and perhaps fraternization, depending on their ranks. So, they can both be punished by their Commands.

Please let me know if you need any clarification. I would be glad to assist you further if I can.

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Customer: replied 4 years ago.

Does this apply to reservist as well?

Hello again and thank you for your reply. If you are asking about non-active duty reservists, then the rules are different. You can still report them, but unless the behavior is occurring while they are in a drilling status or temporary active-duty, then the adultery issue would not be chargeable under the UCMJ. There still might be a fraternization issues depending on their ranks though, but that would be determined by their Command.