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Paying the price
If the relationship does become physical, servicemembers may risk hurting their spouses, children and future. If convicted of adultery, Soldiers may face severe punishments.
"The military does not tolerate adultery," said Davis.
Under the service-wide Uniformed Code of Military Justice, Article 134, which addresses adultery, the maximum sentence for adultery is dishonorable discharge, imprisonment for one year and forfeiture of pay and allowances, said Staff Judge Advocate chief of military justice Capt. Jennifer O'Neill.
"Each charge must meet certain elements before (the Soldier) can be prosecuted and convicted of adultery," she said. "Punishment could vary depending on circumstances, and other things such as the rank of the Soldier, or whether they used government facilities to commit the crime."
To be convicted of adultery, the charge must meet three requirements: the Soldier wrongfully had sexual intercourse; either the Soldier or the other person, or both, were married to someone else at the time; and the act must be prejudicial to good order and discipline or service discrediting, O'Neill said.
An act that is prejudicial to good order and discipline means the affair has an obvious and measurable divisive effect on unit discipline, morale or cohesion or is detrimental to the authority or respect toward a Soldier, said O'Neill. Service discrediting means the act casts the U.S. Army in a negative light, and because of the open or notorious nature, lowers the public esteem of the service, she added.
Even if the adultery does not meet the requirements for conviction, Soldiers can still find themselves in hot water.
"Commanders have discretion on what actions they want to take, but everything has to be investigated first," said O'Neill. "It's based on such things as the marital status of both individuals; how egregious the act was; whether it accompanied other violations of the UCMJ; how it affected the other Soldiers and the unit; how it affected the Army; and any misuse of any government time or resources."
Whether individuals have physical relationships or online relationships, families can still be ripped apart, and adultery isn't worth the risk, said Davis, who encourages couples to seek proactive counseling.
"Even couples who aren't facing problems can attend counseling sessions to learn ways to enhance their relationships," she said.
"We work with couples experiencing problems and help them rekindle their relationships - showing the couples ways to find the qualities (in their partners) they fell in love with," said Davis.
Post chaplains offer similar services for Soldiers and their family members.
"The family is one of the strongest sources of strength for any Soldier. Losing a family means the Soldier loses support, and for a Soldier to be effective, (he or she) needs family support to be able to continue the mission," said Williams.
For more information about marital counseling, contact Stella Davis at the Family Advocacy Program at 255-3246, or contact the unit chaplain or call the chaplain's office at 255-2989. For more information about the Uniformed Code of Military Justice, Article 134, visit
http://usmilitary.about.com and see the Justice, Law & Legislation link.
From:
http://www.army.mil/-news/2006/10/02/394-cyber-affairs---are-they-the-new-adultery/