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I am the wife to a Marine and had an affair with another…

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I am the wife to...
I am the wife to a Marine and had an affair with another Marine who is married. They are both officers. Could the Marine who committed infidelity be discharged?
Submitted: 1 year ago.Category: Military Law
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8/8/2017
Military Lawyer: KLAW, Lawyer replied 1 year ago
KLAW
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Customer reply replied 1 year ago
Hello.
Military Lawyer: KLAW, Lawyer replied 1 year ago
A little background. Unfortunately adultery is not listed as an offense in the Uniform Code of Military Justice (UCMJ). The UCMJ is a federal law, enacted by Congress, to govern legal discipline and court martials for members of the armed forces. Articles 77 through 134 of the UCMJ encompasses the "punitive offenses" (these are crimes one can be prosecuted for). None of those articles specifically mentions adultery.Adultery in the military is actually prosecuted under Article 134, which is also known as the "General Article." Article 134 simply prohibits conduct which is of a nature to bring discredit upon the armed forces, or conduct which is prejudicial to good order and discipline.The UCMJ allows the President of the United States to administer the UCMJ by writing an Executive Order, known as the Manual for Court Martial (MCM). The MCM includes the UCMJ, and also supplements the UCMJ by establishing "Elements of Proof," (exactly what the government must *prove* to prosecute an offense), an explanation of offenses, and maximum permissible punishments for each offense (among other things).The Manual For Courts-Martial now requires commanding officers to consider certain factors when determining whether or not adultery has a direct negative impact on the military, and should be considered a criminal offense:The accused's marital status, military rank, grade, or position.
The co-actor's marital status, military rank, grade, and position, or relationship to the armed forces.
The military status of the accused's spouse or the spouse of co-actor, or their relationship to the armed forces.What all of this means is that many incidents of "adultery" may not be considered a punishable "crime" in the military, unless the commanding officer determines that there is some kind of direct negative impact on the military itself. In other cases, the matter is best resolved in civil (divorce) court, just as it is for civilians.In my experience, adultery is almost never charged as a "stand alone" criminal offense in Article*****Martial actions. It is generally added on to the list of charges, only if the member is already going to be prosecuted for one or more other criminal offenses. For example, if the commander decided to prosecute a married Military member for the crime of writing bad checks, and investigation disclosed that the member wrote the checks in order to pay for a hotel room to have an affair with someone, the commander may decide to "tack on" a charge of adultery to the list of bad check charges.I hope this clarifies. Please don't forget to rate the question with stars so thatI will receive payment for assisting you with your question.
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Military Lawyer: KLAW, Lawyer replied 1 year ago
If you have any other questions please just ask
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