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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19306
Experience:  Lawyer and current JAG officer.
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I am currently a cadet in ROTC in an SMP contract and my

Customer Question

I am currently a cadet in ROTC in an SMP contract and my husband is an enlisted soldier (E-4) in the National Guard.
Myself and my husband are in a semi-open marriage. He does see other women on the side, and it is completely okay with me.
We are concerned, though, that I could lose my commission or he could get punished on charges of adultery even though, within our relationship, we both agree that him seeing other women is okay with me.
Could disciplinary action be taken against us if either my or his chain of command found out?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Well, not either of you.

It's not illegal to be in an open relationship, so if you were married to someone who was not military and they had "adulterous" relationships with other people, that wouldn't mean anything that you've done was illegal...unless you too participated.

Now, that being said, they could determine that your willingness to be involved in an open marriage, particularly with another military member, is not in keeping with the duties of an officer.

However, for him it is illegal and that is because he is in the military. He could legally be punished for adultery, even though you may not care. The military can choose to care and can legally take action. It may not be court martial or something like that, because the offense has to take place during his National Guard duty for them to have jurisdiction, but they can legally separate him for it.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If so, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.