Reporting Adultery in the Military - UCMJ

Adultery in the military is typically reported by the servicemember's spouse. Once that cat is let out of the bag, there is no putting it back. There will be a command investigation ( or a AR 15-6 investigation) to look into the credibility of the allegation. An investigating officer (IO) will be assigned to the case and look at any evidence that was provided by the spouse, gather more information, and conduct interviews.

If the service member is interviewed and lies about the conduct, he/she can be charged with Article 107 - False official statement. The service member does have the right to remain silent (under article 31b) and the right to speak with an attorney. It's best to invoke these rights instead of lying to the investigating officer.

If there is a substantiated finding of adultery, the servicemember can face administrative punishment such as Article 15 and/or GOMOR (Army) or 6105 or NJP (Marine). The servicemember can also face administrative separation or a show cause board /Board of Inquiry. In the most extreme cases, the servicemember may face court-martial. Commanders do not typically send adultery cases to court-martial but may if there is fraternization (officer and enlisted; senior enlisted and junior enlisted engaging in extramarital sexual conduct) or other aggravating factors.

In the military adultery is now called Extramarital Sexual Conduct under Article 134 of the UCMJ.

Elements of Adultery (Extramarital Sexual Conduct)

(1) That the accused wrongfully engaged in
extramarital conduct as described in subparagraph
c.(2) with a certain person;

(2) That, at the time, the accused knew that the
accused or the other person was married to someone
else; and

(3) That, under the circumstances, the conduct of the
accused was either: (i) to the prejudice of good order
and discipline in the armed forces; (ii) was of a nature
to bring discredit upon the armed forces; or (iii) to the
prejudice of good order and discipline in the armed
forces and of a nature to bring discredit upon the armed
forces.

Adultery encompasses more than just traditional sexual intercourse. Per the Manual for Court Martial, under Article 134 extramarital sexual conduct it is defined as the following:

(2) Extramarital conduct. The conduct covered
under this paragraph means any of the following acts
engaged in by persons of the same or opposite sex:
(a) genital to genital sexual intercourse;
(b) oral to genital sexual intercourse;
(c) anal to genital sexual intercourse; and
(d) oral to anal sexual intercourse.

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Steven J. Goralski, Esq.

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Article 31b
Article 134 - Extramarital Sexual Conduct


Disclaimer - This video offers EDUCATIONAL tips on the UCMJ, military law, and administrative proceedings. The law is constantly changing and these videos only provide a brief overview. Give me a call (or consult another attorney) if you need the most recent and accurate legal information/advice.