Rumors are not evidence.
The Department of Defense is full of adulterers. From privates to generals, you can find service members, both enlisted and officers, who have committed adultery by cheating on their spouses. While it is commonly believed that if a service member is unfaithful to his/her wife, the Armed Forces will discharge him/her, military spouses can rattle off countless examples (many based on rumors) where the service member isn’t punished for cheating. A few of these examples reach national news headlines, as in the case of Gen. David Petraeus and Army Col. James H. Johnson III. But the majority of military adulterers never face repercussions from their chain of command and never face the public scrutiny.
If service members cheat on their spouses, but never get kicked out of the military isn’t this no-adultery rule pointless?
The Uniform Code of Military Justice (UCMJ) is a federal law, enacted by Congress, to govern legal discipline and court martials for the Armed Forces. The UCMJ is the guiding legal document for all service members. Articles 77 through 134 of the UCMJ outline the “punitive offenses” or crimes that service members can be prosecuted.
Here is a list of offenses that are listed in the UCMJ:
- Captured or Abandoned Property (Article 103)
- Absence Without Leave (Article 86)
- Drunken or Reckless Driving (Article 111)
- Dueling (Article 114)
Adultery is NOT listed as a punitive offense in the UCMJ.
That said let’s look at Article 134, the General Article within the UCMJ.
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the Armed Forces, all conduct of a nature to bring discredit upon the Armed Forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
–Article 134 of the UCMJ
It’s the typical catch-all paragraph that the government loves to have in any legal document.
Technically adultery is punishable by reprimand, dismissal and prison. But service members are rarely charged with adultery as a stand-alone offense. If they are charged with adultery, it’s usually tied to a list of offenses. That was the case for Air Force Lt. Kelly Flinn, the first female pilot of a B-52 bomber. She faced a court martial for adultery for an affair with a married civilian, lying about the affair by denying it to an investigator, fraternizing with an enlisted man in another brief affair and disobeying a direct order. In the end, Flinn was allowed to be discharged from the military instead of facing a court martial.
If service members cheat on their spouses, but never get kicked out of the military isn’t this no-adultery rule pointless?
Adultery, as a military offense, is rarely prosecuted because of the necessity of 3 Elements of Proof, as outlined in the Manual for Courts-Martial. Here are those elements:
- That the accused wrongfully had sexual intercourse with a certain person;
- That, at the time, the accused or the other person was married to someone else; and
- 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.
This means that a court martial needs to have documented evidence beyond a reasonable doubt. Evidence normally requires photographs, a confession and eyewitness testimony. Rumors are not evidence. The 3 Elements of Proof also requires that the government show that the individual’s conduct had some direct negative impact on the military. It is nearly impossible and time-consuming to prove that a service member committed adultery.
Technically adultery is punishable by reprimand, dismissal and prison.
Knowing that it is nearly impossible to punish a service member for adultery, I think DOD should stop including adultery as an offense. Let’s leave adultery where it belongs– in the bedroom– and work on the true issues of today’s military community.
I’m wondering what the reason behind this article is? Generally someone doesn’t feel so passionate about an issue such a adultery unless there’s something behind it, a personal connection. Clearly it’s not an issue to be confined to the bedroom when the wronged individual goes after the command for what the service member did. If you say they should do away with it because it’s “impossible”, then what does it matter if it’s there? Guilty of something you’d like to share?.
“The UCMJ says you can be charged with a violation if an extramarital affair has an adverse effect on unit “discipline, morale, or cohesion.” Examples of this include bringing the esteem of the armed services into disrepute or making the military the object of public ridicule. If your actions become a news story or even a piece of gossip that distracts from the mission of the armed forces, they will seek to punish you.”
I can see in cases where it involves adultery between service members/their spouses in the same unit.
Someone in my husband’s unit was talking to this woman outside his marriage during a deployment, and cut off contact once they returned. She wasn’t done and she came after him through the command and created a big mess, he was demoted.
“It applies to Article 134’s description of conduct that “brings discredit upon the armed forces.”
I agree with you 100%. But one the person has complained then justice needs to be served.
This is the craziest thing I’ve ever heard, let Uncle Sam stay out the bedrooms. 1) he wouldn’t be in the bedrooms if the enlisted personel uphold to the same standards the military have towards hair cuts and clothing! 2) if a person supposedly held such high standards in the first place then Adultry should be punished just like a person who was driving drunk because in both instances a drink can harm and kill someone and Adultry can do more damage than that. Adultry affects every part of the family arrangement all the way down to the children!! Say for instance your spouse is deployed for a extended period of time which we all had to face at one point or another. While you are home holding it down taking care of the kids sad and depressed not knowing if your spouse is alright is traumatizing as it is, only then to find out he/has been unfaithful is utterly disrespectful to the most degree. That kind of punishment should definitely make a statement that THIS behavior will not be tolerated in the military. 3) The only reason it is acceptable because the MAJORITY are guilty themselves and can’t be hypocritical and punish those for the same thing they are doing to their spouses. However, if they are doing it and get physical proof wether in the military 1 year or 20 then they need the same punishment. It should not be governed on who did what for who. If one person does it he/she needs to be reprimanded and punished! We all know Adultry dosent just happen out the blue, it’s a deliberate action on the willing party who has no respect for the marital arrangement hence the military as a whole in what they are SUPPOSE to represent!!
Really, a “MAJORITY” and what proof do you have to back up that statement because I can tell you after 20 years of service that’s not the case. I know many officers and senior enlisted who frown upon adultery. The reason it’s not prosecuted often is because the level of proof needed and the chain of command is usally in the dark on these matters until something stupid happens and it blows up in everybody’s face. Now if you want to discuss punishment comparisons between junior elisted, senior enlisted and officers and between services, I’m all ears because I know damn few senior officers and enlisted members have been charged and reprimanded for adultery. All the while the junior members get hit the hardest. I’ve also served in the Army and USMC. I can tell you from personal experience that the USMC takes adultery a lot more seriously then the Army. I’ve actually seen commanders and SNCOs relieved and physically beaten (by their peers) for adultery in the USMC while in the Army; even though it was frown apon, not much in the way of punishment for officers and senior enlisted. To say that a MAJORITY of service members commit adultery is an inflammatory statement that has no facts what so ever to back it up.
See the defene mechanism is ridiculous If you’re getting defensive proves my point. I specifically said he/she. In the world cheating has become part of the norm. It is rationalized on television and the book and magazines. There IS NO EXCUSE WHATSOEVER. And if the victim or the military start to accept that ,hey, people gonna cheat so let’s ignore it is ridiculous! It is a choice i don’t care how old or young a person is. If you are excusing the marriage vow because of that then they should not have gotten married In the first place.point blank and the period! If you for a fact knows then good for you, now on my end i simply stated that from MY knowledge. People simply don’t report it because they feel they benefit from what is being brought to the table or what they presume to think had been brought to the table. The military OFFICIAL’S members should not accept this behavior for any reason! Especially if they are deploys gives no justification WHATSOEVER to EXCUSE the behavior. If my spouse ever cheated on me and the military use that useless knowledge/reasoning on me it will be heard about! Now if you accept it *maybe because at one point or another you were guilty yourself of committing adultery without your spouse knowledge and feel you escaped her wrath them good for you. But what goes on in the dark will be reveled NO matter how good he/her think they can get away with it.
James thats all i am saying, it needs to be taken seriously thats all.
Why does any of this apply to the purpose of the Military Shopper? Like one of the other comments, I too wonder why this is a passionate argument of the writer? Next thing they will be writing about the use of illicit drugs and how they should not be treated unfairly by the military. In other words what you do on your off duty hours does not affect military performance. The reality is that what you do after hours does come back to your on duty hours and can affect unit morale and safety status (referring to drug or alcohol abuse/use.)
Adultery, as with prostitution, has been a way of life forever. The military has people from all walks of lives. We are a cross-section of society as a whole. If a woman or a man has an affair, it should remain the business of the parities involved including spouses.
I cannot see being punished for adultery. If an enlisted person is to be punished, the commander has probably committed adultery more than the enlisted person.
True! But if the spouse is innocent man or woman they have the right to report it.and justice should be served.
I think it adultery should be punishable in the military; sometimes spies work their way into bedrooms and can jeporidize security and other peoples LIVES. The military has a right to PUNISH or EXPEL any person committing such a crime. We are too liberal when it comes to our ;military.
If it’s so blatant that people are talking about it, especially the media, it should be punished. As stupid as most people are with social media and their phones (pictures, texts) it isn’t really that hard to prove. As for the question whether adultery should be excluded as an offense in the UCMJ, it already is. You said yourself that it’s not specified in the UCMJ. Part of the package of receiving the benefits of marriage is adhering to the commitments as well.
I’m a personal victim of my service member committing adultery. I have all the proof except number three. Unless you count lying to his chain of command in person. I know of several other service members who also have committed adultery. And nothing happened to none of them. It’s sad and it tells me that the service member has no integrity (which is one of the army values) as either does the military. One of the service members told his fellow soldiers, “What happens in Drill Sargeant School, stays in Drill Sergeant School.” I personally wouldn’t want any of these service members teaching our future soldiers. Drill sergeants are looked up to and guide or younger soldiers, this just tells you that in the military FAMILY isn’t respected nor the spouses and kids it hurts.
My “Senior Officer Spouse” (LTC) had an inappropriate relationship with her boss at Ft. Hood, TX. Especially when it is a Female soldier having the affair, everyone just turns their heads the other way. No male will speak up, because they want the same thing. Believe That!
@Pam….excuse me, did I hear you right?
1) This is not solely an enlisted issue, officers are held to the same standard and are more often the ones who’s infidelty adversly affects the unit/mission.
2) “..the MAJORITY are guilty themselves,” Where are your facts to support this statement? If we’re just making up our own facts, I’d like to mention that the majority of infidelity cases I’ve known about were wives cheating on their spouses when the member was deployed and she was home alone and “lonely.”
3) Your rational that adultery should be punished as equitable to DUI is ridiculous. A person driving drunk could KILL an innocent person due to their actions. An adulterer (while dispicable as they may be) does not cause bodily harm by cheating. Adultery is a sign that the marriage is not wanted/respected, those individuals should just call it quits and move on with their lives. Too many military marraiges begin as naiive 18-19 year olds who grow to be different people. We should encourage the next generation to wait until they are at least 25 to marry or start to have children. (Maybe this would reduce the divorce rate and children who have to split tmie between two households?)
3) The only reason this is an issue, is because military members are held to a higher moral standard than the general civilian population. Is it a crime for a civilian to cheat on their spouse? No. Even though they took an oath and put on that uniform, they are no less a human being with faults than you are.
See getting defensive proves my point. I specifically said he/she. In the world cheating has become part of the norm. It is rationalized on television and the books and magazines. There IS NO EXCUSE WHATSOEVER. And if the victim or the military start to accept that ,hey, people gonna cheat so let’s ignore it is ridiculous! It is a choice i don’t care how old or young a person is. If you are excusing the marriage vow because of that then they should not have gotten married In the first place.point blank and the period!
I believe it should be punished but with qualifiers. If it is forced, as in a rape, then a great big YES. If it is between 2 consenting adults, then it is their business and NO it should left alone. Qualifiers are if there is a conflict as to being in the direct chain of command or a superior taking advantage of a situation, then I consider that abuse of command and should be prosecuted.
I have to admit, my first thought after reading this was why is the writer so passionate about this subject, unless she. herself, is guilty of the offense? Aside from that, adultery is a sin, just like homosexuality. Yet, one is “accepted” and the other is not. Both will be punished by God, if not repented of. Man is unable to try and “govern” another person’s choices in moral issues, which is what is the attempt in the UCMJ. However, I don’t think adultery should be excluded as an offense, because people should be held accountable for their sin. Also, every person, whether enlisted or officer, should receive the exact same judgment, once proven guilty. Just like drug and alcohol abuse, adultery comes with extremely high consequences. It doesn’t “just stay “in the bedroom”
MNS and Rick make good statements and I agree. Why is the author so passionate about this subject? Yes, adultery affects those directly and indirectly involved, meaning it WILL affect the cheater’s fellow soldiers. And yes, the cheater should be reprimanded for that loss of productivity. It’s not about prosecuting specifically for the adultery, but the affect that it causes. If a person can’t keep their promises of sexual faithfulness to their spouse how can their fellow soldiers trust them to complete their work or, heaven forbid, have their back under enemy attack. Just because something is hard doesn’t mean society should just give up on it. There’s a lesson every juvenile delinquent and high maintenance brat desperately wishes their lazy ass parents had learned.
My son in law not only had an affair on the ship. He got a sailor pregnant and no
Thing was done.heaven help us and this country.
In my opinion, the act of adultery is between the adulterer and God. If you don’t believe in God that’s your choice and another issue. I do and that’s my choice. The government should have no concern in the issue of adultery. The government has more important issues to deal with.
It’s normally not punished, and normally should not be – UNLESS it affects good order and discipline. But in those rare instances that it does affect good order and discipline, it ought to be punished, in my opinion. What if a commander or senior NCO is having an affair with the spouse of one of his/her subordinates? Is this damaging to good order and discipline? You bet it is. So in this instance, why would you want to take away their superiors’ ability to discipline them for that misconduct?
Great article! Now here is my response in return. I was on my third overseas deployment to the AOR. My now Ex-wife had been cheating on me. She was caught in the act of adultery but I was punished by loosing a portion of my military retirement.
How does the UCMJ work in that aspect???
Punishment may be more subtle. Senior officers are sometimes removed from command for “inappropriate relationships”. When my ex cheated, as a CO, it was the norm that he and others in similar circumstances got a fit rep (fitness report that killed off his chances at future command or promotion.
I really don’t understand why people are getting so worked up about this: Marriage is a civil contract (whatever else you want to call it), and has to be worked out (renegotiated and reaffirmed). Is it worth one-fourth of your retirement if your spouse has one moment of weakness?
Should someone get fired for having an affair? I believe that’s for the courts to decide. Just like civilian life, an inter-office affair can really wreak havoc with the morale and operation of the workplace–so too with the military. Usually, a tryst is just a matter of scratching an itch. A long-term affair, however, is truly a circumvention of the original marriage contract, and must be addressed and renegotiated or dissolved, and that must be for the parties involved, not for outsiders to pass judgement and impose their own sets of values and morals. If it affects the running of the work environment, then yes, that needs to be addressed and/or punished–and remember: the senior party involved is the responsible one…
The reverse of this should also be true: if someone FALSELY accuses a service member of impropriety, that someone should be punished, NOT the service member who is falsely accused. Someone who is popular, who has been stationed there awhile, discovers a newby that they just don’t like (for whatever reasons): Of course, people will take the popular person’s view of things (they already have a rapport established), and the “newby”‘s reputation, even if innocent, is marred for many months or years to come, hindering any chance at promotion no matter how hard they work. And, I’m sorry, but arbitration (by a TRAINED professional) is supposed to be a win-win situation, not a two-month, once-a-week bitch session that leaves one feeling worse, not better.
I had a situation where I was stressed out by others so badly, that I had to have part of my intestines removed, which made me non-worldwide qualified. That killed any chance at promotion, regardless of all the “It shouldn’t affect your EPR”. I was great at my job, my commander knew it, but in the environment of “solve it at the lowest level”, it was a wreck. We had an airman commit suicide during this time frame, also. This “bullying” was worse for morale than any affairs anyone had…
Non-Criminal Activity (non-victimless, consenting) is very different from Criminal Activity, no matter how it’s perpetrated! Hassling a younger NCO, making fun of them in front of others (without their consent), is NOT esprit-de-corps! Yet this goes on ALL the time, enough to severely stress or force out a very talented NCO, or even bring an NCO to suicide. I think we should put more of our efforts in getting rid of adult “bullies” in the workplace than mis-communication problems in marriage.
Remember: Assertiveness without Compassion is Bullying…