The Uniform Code of Military Justice (UCMJ) imposes strict behavioral standards on service members. They must comport themselves in a manner that reflects honorably on the military, especially when they are actively on duty.
In cases where military service members divorce, the process can sometimes become acrimonious and may lead to accusations of adultery. In the worst-case scenario, service members could be at risk of discipline, including separation, due to allegations of marital infidelity. In some cases, service members who may have experienced an inappropriate resolution to an adultery-related issue could seek a correction of their records or even an upgrade of their discharge.
The standard for adultery is complex
Angry spouses sometimes involve the chain of command in what should be a private matter. When they allege that adultery occurred during military service, the service member spouse is at risk of significant professional consequences. In some cases, service members who are unfamiliar with the rules regarding adultery or their rights during disciplinary hearings make mistakes and admit to misconduct that may not have technically violated the UCMJ.
Generally speaking, adultery on its own is not sufficient reason to discipline a service member. The extramarital affair typically needs to have impacted the service member’s performance on the job, damaged the reputation of the military or affected discipline. Factors such as a prior separation from a spouse can also be relevant.
Seeking a correction of inaccurate military records or an upgrade of a prior discharge could be helpful for service members trying to move on after a divorce. The insight of a legal professional experienced with the UCMJ can be invaluable for those rebuilding after interpersonal issues intersect with a military career.