Tag: Law

Law

Can you be Discharged from the Military for Adultery?

There are many misconceptions regarding the subject of law. Military law can be even more complicated and less understood. One such issue that is not very well understood is adultery in the military. The following text will discuss the punishment for adultery in the military if there is any, and who can help veterans when they are in need of legal counsel.

Can you be Discharged from the Military for Adultery?

Adultery is not listed in the Uniform Code of Military Justice (UCMJ). The UCMJ is a law that is in charge of legal issues and court-martial in the military. The UCMJ contains all of for which military members can be prosecuted.

Even though it is not listed in the UCMJ, there is a way that adultery can be punished in the military.

Article 134

Adultery can be prosecuted in the military under Article 134, also known as the General Article. In layman’s terms, this article states that behavior that will bring discredit upon the army or will promote disorder is prohibited. It can be argued that adultery falls into this category.

MCM

Though the UCMJ does not list adultery as an offense, it does allow for some action against it. The Manual Court Martial (MCM) is an executive order that can be administered by the President of the United States. Though the President the decision enacts, the lower courts make this order.

What Does This All Mean?

There is a precedent for a military court to charge and convict an army member for adultery. However, this does not often happen for a few reasons.

One of the reasons is that it is tough for a military prosecutor to make a solid case when the only charge is adultery. They must first prove that extramarital intercourse occurred. They must also show that through that adultery the military member harmed the military’s ability to do its job (usually through hurting the public’s trust in the military).

In 2002 President Bush enacted a policy that stated that adultery charges should be handled at the lowest level court. Additionally, the commander should consider many various factors when deciding if the adultery was harmful to the military.

It is also important to note that, though military members have been convicted of adultery, they are usually only one of a few charges. In these cases, the military member is being charged with at least one other more serious charges.

If you are a military member who may be facing charges in a military court, you should contact an experienced military attorney. They can provide you with the best defense and give you strategies to help you in court.

These attorneys are also skilled and experienced in getting veterans and military members the benefits that they deserve. Such as total disability individual unemployability for those who cannot work as a result of their military service. An experienced attorney will put you on an even playing field and help you to get what you deserve from the nation that you served.

CONTINUE READING