They will be afforded the Commander’s Right to Non-Judicial Punishment (NJP) under the catch-all Violation of UCMJ Article 134... at their General Officer’s level for a start. They can request a Trial by Court-Martial which could lead to a Special Court-Martial at least or General Court-Martial at the most. That would NOT be smart. Or the Convening Authority can automatically kick it to a Trial by Court-Martial.
Take the NJP gentlemen, the government’s got the upper hand on this case; plead guilty and request mercy of the CA. Punishment awarded could be: Heavy fines, I mean, “HEAVY” ... $ thousands. Reduction in Lineal Rankings by several hundred numbers in the USMC Officers “Blue Book,” and a Punitive Letter of Reprimand (PLOR) issued to each and filed in their Officer’s Qualification Record at Hq USMC. No promotion, end of career.
Many years ago, I witnessed two married LtCols (not to each other!) lose their careers for “screwing around.” They took General Officer’s NJP. Both fined about $5K, reduced in Lineal Rankings by serveral hundred numbers, PLOR, and put “In Hack” (Remain In Quarters) until their Permanant Change of Station Orders could be completed to send them and their families to separate Duty Stations.
I was a friend of the female LtCol’s husband; a Major and a great guy. He took it all very badly as the affair and legalities destroyed his family. His wife WAS a “Fast Tracker” and was likely to earn a Star.... she screwed that up.
Take heed ALL: Beware of the “Honey Traps.”