Military service members are held to a higher standard than most people. They have to adhere to strict behavioral standards as outlined in the Uniform Code of Military Justice (UCMJ). Regardless of which branch of the military they serve in, they have to avoid conduct that brings discredit to the armed forces or negatively affects discipline.
Those going through divorces or separations in their personal lives may find that accusations made by partners could trickle down to affect their military careers. Specifically, allegations of extramarital affairs can potentially lead to dishonorable discharge. Service members dealing with the aftermath of allegations of adultery may be able to correct their records to improve their options in the future.
Did the situation truly constitute adultery?
The UCMJ standard for adultery includes specific standards for allegations of adultery. To carry military consequences, the situation generally need to meet certain standards. One or both of the parties needs to be married. There needs to be actual sexual intercourse involved. Finally, there needs to be a credible reason to believe that their conduct could reflect poorly on the military or affect discipline.
Affairs conducted while on duty, for example, could warrant dishonorable discharge and other military penalties. On the other hand, emotional affairs that end marriages may not meet the necessary standard to justify military discipline. If the service member had already formally separated from their spouse, that could impact the situation as well.
People who have had a chance to gather evidence may be able to address their dishonorable discharge. It is possible to petition the Board for Correction of Military Records and provide them with information that shows the situation did not warrant a dishonorable discharge.
Service members feeling overwhelmed by the end of their marriages, especially when combined with military discipline, may make mistakes when responding to disciplinary efforts. Thankfully, legal guidance is always available. Seeking to update military records can help people move on after accusations of adultery affected their military careers and families.