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Can my husband loose his rank or get kicked out for

Customer Question
Can my husband loose...

Can my husband loose his rank or get kicked out for adultery

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes but I didn't say a lot don't want to loose my benefits

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has also been been verbally, emotionally and started to be physically abused towards me and my kids and we got out by family advocate

Submitted: 3 months ago.Category: Military Law
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Answered in 11 minutes by:
12/24/2017
Military Lawyer: Gerald, Esq, Lawyer replied 3 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Military Law
Satisfied Customers: 5,103
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Military Lawyer: Gerald, Esq, Lawyer replied 3 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience, including experience with the DoD. I hope to provide you information that will help you in resolving your question.

I am sorry that you are facing this situation, especially at this time of year.

Yes, your husband can face charges and face Court Martial for adultery. Adultery is a criminal offense under the Uniform Code of Military Justice under certain circumstances.

Article 134 of the UCMJ provdes for Court Martial where:

(1) the accused wrongfully had sexual intercourse with a certain person;
(2) at the time, the accused or the other person was married to someone else; and
(3) 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.

This last factor is the one that gives some wiggle room to the accused. Nevertheless the conduct is viewed seriously by the military.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 3 months ago
Thank you so much for your response, I don't have proof that he slept with her but I have reasons to believe that he was communicating with her via his government computer sharing photos of herself and messages. Would that be enough or would they need more??
Military Lawyer: Gerald, Esq, Lawyer replied 3 months ago

The misuse of his government equipment is enough by itself to get him into trouble. Misusing government equipment is a violation by itself.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Military Lawyer: Gerald, Esq, Lawyer replied 3 months ago

The federal regulations on this provide that:

"Prohibited Uses. Use of communications systems that would adversely reflect on DOD, including all Military Departments, include uses involving pornography, chain e-mail messages, unofficial advertising, soliciting, or selling via E-mail, and other uses incompatible with public service. JER, para. 2-301a(2)(d), AR 25-1, para. 6-1f, AR 25-2, para. 4-5r(7). See also AFI 33-100, para. 3.9.1.1 through 3.9.1.14."

See:

http://ogc.osd.mil/defense_ethics/resource_library/deskbook/government_resources.pdf

Kind regards,

Gerald

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Customer reply replied 3 months ago
Sir dont think I am out for blood but I want him to be held accountable for what he has done to our family we have been married for 20 years and he pulls this stunt but if I blow the whistle I loose everything. We have already lost a husband and the kids have lost their father and I am a sickly woman I need to keep my insurance and I barely work so to loose his retirement pay I dont know if I could go thru with it but its not fair.we have followed this man around the world for 20 years and now he throws us away like yesterdays trash
Military Lawyer: Gerald, Esq, Lawyer replied 3 months ago

I do not think you are out for blood.

It is incredibly sad when a marriage starts to fall apart, especially where there are children.

I believe that you have to take the steps necessary to protect yourself and your children. It is important that you find a family law attorney that has experience with military families. The military has particular rules to protect the family, but you have to know how to use it.

You can use this link to help find an attorney local to you:

http://lawyers.findlaw.com/lawyer/practice/military-divorce

Please know that things will get better for you. BUT you must take the steps necessary to protect yourself and children.

Kind regards,

Gerald

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