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My husband is currently in AIT training, he was caught with…

My husband is currently in...
My husband is currently in AIT training, he was caught with a classmate/ soldier they are still under investigation and in holdover, but for sure have a UCMJ for fraternization. Will this get him kicked out? What will be his punishment?
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Answered in 2 minutes by:
3/20/2018
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,120
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

What do you mean by "caught with" because it changes the calculus here? Was he just going out some where?

Is he an instructor and this was a student?

Was there sexual contact or inappropriate relationship type behavior?

Sorry to get so personal, but this matters, in terms of exactly what we are talking about.

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Customer reply replied 1 month ago
He had blocked me from every social media page, and said he wanted a divorce ONE MONTH after us getting married. He then posted a picture with a female soldier in his class and said “you and me” with hearts and stuff. They were apparently being stationed together in Korea. Well, I sent the picture to his command (fort Sill oklahoma) and they immediately called them in and they were unable to report to their FDS, and are in holdover. Sgt said they for sure have a UCMJ for fraternization, and he’s currently going through an article 15. They are both still under investigation; so I was just curious on what the ending result/ punishment most likely will be. Command has been investigating them for about two - three weeks now. They are both just soldiers in training.

Ok. There are fraternization issues there, because there are rules about people in training becoming romantically involved. There is also an issue of adultery, another thing that is illegal in the military. Harder to prove, but problematic.

If they held them over from completing training, they are being processed for separation almost certainly.

Military law isn't strictly dictated. A commander has a lot of options and different commanders will make different choices, based on their personal experiences, preferences and the unit needs. So, no honest attorney can tell you what they WILL do (unless the attorney is working directly for that commander and is privy to the commander's plans...at which point, that attorney can't tell you what the commander WILL do, based on attorney/client privilege).

However, in these circumstances and this early in their career, it is highly likely that they are being separated from the service and they are just taking their time in getting it done. It can take months.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,120
Experience: Lawyer and current JAG officer.
Verified
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