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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 118648
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A couple of days ago I caught my wife who is a cpl in

Customer Question

a couple of days ago I caught my wife who is a cpl in Marknes cheating on me. I too am a Marine. I recorded her sleeping with some other married marine who knows what he was doing because it s his second time cheating on his wife. Not with my wife but with somebody else. I have a MPO from them I have to stay away from them or I can t be as close as 500ft from them. I reported this is my Gysgt who is actin as a 1St Sgt. I wanna go in tomorrow and tell him that I don t wanna push this anymore is there anyway for her to not get NJP
Is there a possibility that he can just throw away the paper work and what not. I regret ruining her career and I still wanna be with her. She wants a divorce in a week or two because she didn t think I would do this. But I did because I was emotionally angry. Now I don t know what to do and I wanna stop it I don t want her to get in trouble
Submitted: 10 months ago.
Category: Military Law
Customer: replied 10 months ago.
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Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, once you filed this complaint for infidelity, it is not something that they can just remove because you were upset and reported it in anger. If the case has been reported and there is evidence of the actions and violation of UCMJ Article 134, which requires them to prove, (1) That the accused wrongfully had sexual intercourse with a certain person; (2) That, at the time, the accused or the other person was married to someone else; and (3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Once the command knows of this violation, you cannot just drop it, unlike in the civilian world where the victim can drop criminal charges.
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Customer: replied 10 months ago.
The thing is there is proof of her laying in bed with him and what we say perception is reality and it looks like she kissed him. So I recorded them and that little part. But if it hasn't left the gysgt acting first Sgts desk can he just throw it all away in general? Or would the captain that is the CO for the unit drop it or throw it away? As if it never happened?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
You are trying to make justifications for this now with your above statements. I am afraid the Sgt and your command staff would end up in dereliction of duty now that they know of the violation of the UCMj and if they ignore it. Once they find out they have to pursue it. Punishment can be minor based on your statements to the command but hey have to follow through with the complaint and they cannot just make it go away as you would now like.
Customer: replied 10 months ago.
I understand that. Now since I talked to my wife with the chaplain because that's the only way she and I can actually speak. She said she is going to charge me for recording her and treating to hurt her I guess is that's she said. Because I told her "do you like want me to hit you or somethinng?" so she wants to do that and the day I found her with that guy I posted it on facebook instagram and snapchat but then I deleted it like seconds after posting "I just caught my own wife cheating on me and I have proof" will that get me in any trouble?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
Her charges would be seen as retaliatory at this point and it is not a violation for you to record her. So, I would not put any credence into what she is threatening. It was not illegal for you to record her violating the law and the UCMJ is law.
Customer: replied 10 months ago.
That makes me feel so much better I honestly thank you. She said she is getting a lawyer I don't remember the reason why but she said she was getting a lawyer. Maybe for the divorce but I'm not too positive about it. But there's not a problem of me posting that stuff on social media? The whole "I caught my wife cheating on me and I recorded her. " because she has a screen shot of me saying it and so I wouldn't have to worry about her dying that I guess I threatened her? And can you explain more on the recording part again I still don't feel so good about it
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your reply.

Quite frankly, she committed adultery, you are in the drivers seat when it comes to a divorce. While you should not be posting on social media disclosing your personal life and should not do anymore of it, what you said is not illegal or improper or threatening her. As far as the recording, you had a right to be where you were and you had a right to record anything you saw with your own eyes, so is not illegal.