How does the military handle cases involving adultery?

In New York, the military handles cases involving adultery in accordance with the Uniform Code of Military Justice (UCMJ). Generally, adultery is considered a violation of Article 134 of the UCMJ, which is a general article that punishes conduct deemed to be prejudicial to good order and discipline or of a nature that would bring discredit to the military. Depending on the circumstances of the conduct, adultery under Article 134 can be either a court-martial offense, punishable by confinement and dishonorable discharge from the military, or a lesser punishment that is referred to as non-judicial punishment, known as an Article 15. When a service member is charged with adultery, they may be asked to sign a non-judicial punishment agreement that outlines any punishment they will receive on a non-judicial basis. This could include a reduction in rank, a fine, and/or extra duties. The military can also take away a service member’s security clearance or bar their reenlistment. If the service member does not agree to the punishment outlined in the agreement, their case will proceed to a court-martial, where a judge will decide on a more severe punishment, if deemed necessary. In order to be found guilty of adultery, the military must prove that (1) the service member had the specific intent to commit adultery; (2) the service member engaged in sexual activities with another person; (3) the service member knew that the person was married to someone else; and (4) the act of adultery was done against the good order and discipline of the military.

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