How to report adultery in the military?

Question

There is an airmen who decided late last year that she wanted to split from her husband.  In her state, there is no legal separation.  What happens is you have to live apart for at least a year, then you can file for divorce.  It turns out the reason she wanted a divorce is because there was an emotional affair, and she is already living with this other man with her daughter (which is not her current husband's).  The husband is deployed and did not know about the man until confronting her very recently due to others seeing them together.  She admitted, without remorse, to the whole thing.  She did the same thing to her last husband, refusing to finish the divorce process with living with and sleeping with other men openly.  She was not discreet in the past, and she is not discreet now. They go places together, including her daughter's school activities.  I have been told by several people that technically this is something that can/should be reported to the military police on base.  Is that true?  And if so, will they actually care at all, or will they just tell me that in spite of the rules, no one gives a crap about cheating military spouses anymore?  And just so no one gives me the answer that it's ok because they separated, I've done my research and it's still adultery.  And yes, it can be proven.

? · Answer

Christopher M. Kenny, Office of the Staff Judge Advocate says:

"The first step in answering this question requires an understanding of the military's prohibition on adultery. Article 134 of the Uniform Code of Military Justice makes criminal the act of adultery when certain legal criteria, known as "elements," have all been met. There are three distinct elements to the crime of adultery under the UCMJ: first, a Soldier must have had sexual intercourse with someone; second, the Soldier or their sexual partner was married to someone else at the time; and third, that under the circumstances, the conduct of the Soldier 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."

http://www.army.mil/article/61709/Legal_seperation__adultery_and__the_UCMJ/

- and I recommend you read the rest of the article in the link before sticking your nose in somebody else's marital problems.

? · Answer

This is an issue for her chain of command, not the base security forces.  All the cops would do is pass the info on to her first sergeant for him/her and the commander to deal with.
Like some of the others have said, unless this somehow is bringing discredit on the Air Force or affecting the good order and discipline of the unit, they aren't going to do much other than maybe a little wall-to-wall counseling.  The odds of a court martial are close to zero and even an Article 15 is unlikely.
You sound like the nosy neighbor in 60's sitcom.  The Air Force has a lot more important things to deal with.  If she is openly flaunting this like you say, her leadership is probably aware and is dealing with it as they see fit (which might mean just ignoring it).

? · Answer

In addition to having to prove beyond a reasonable doubt that they have had intercourse (photographs, an eye witness, a legally obtained confession)... you also have to prove that their affair has brought discredit to the armed forces. She will either have to stop seeing him, or resign. She could also get court martial, but they would only follow through on that if she refuses to end the affair or resign.

Mrsjvb · Answer

the military DOES NOT prosecute or  involve themselves  with adultery unless in conjunction with other UCMJ violations such as Fraternization.

Anonymous · Answer

You don't know all the facts - and neither do the "several people" you've talked to.  So stay out of what doesn't concern you.

? · Answer

report to her superiors, there is no tolerance for that crap in the service, or at least they wasn't

James · Answer

Where did it become your buisnes?

Trending News

How to report adultery in the military?

7 Answers