I get email all the time (usually from wives) asking what constitutes the crime of "adultery" in today's military?Usually, the wife is upset because she perceives that the military did nothing about a wayward husband's wicked ways, or are angry because the military did not punish him for cheating on her. You may be surprised to learn that adultery is not listed as an offense in the Uniform Code of Military Justice (UCMJ)."In a military marriage, duty is first; everything else second,” said Perkins, who lives in Honolulu with her husband, an active-duty soldier in the Army, and their four children. Military wives are not as likely to cheat as their deployed husbands.A misconception about military marriage is that it frequently involves infidelity, according to Perkins.The military penalty remains pretty harsh: up to a year in confinement plus a dishonorable discharge, which entails the forfeiture of all retirement pay.
If you are considering seriously dating a man (or woman) in the military, there are a few things to consider.
The UCMJ allows the President of the United States to administer the UCMJ by writing an Executive Order, known as the Manual for Court Martial (MCM).
The MCM includes the UCMJ, and also supplements the UCMJ by establishing "Elements of Proof," (exactly what the government must *prove* to prosecute an offense), an explanation of offenses, and maximum permissible punishments for each offense (among other things).
So, is adultery still an offense under the military justice system? The UCMJ is a federal law, enacted by Congress, to govern legal discipline and court martials for members of the armed forces.
Articles 77 through 134 of the UCMJ encompasses the "punitive offenses" (these are crimes one can be prosecuted for).