What Happens to Cheating Soldiers?

MSN ^ | 12.01.03 | Brendan I. Koerner

[Cathryn Crawford]

What Happens to Cheating Soldiers?

Capt. James Yee, the Army chaplain accused of sneaking classified materials out of Guantanamo Bay, has been charged with adultery as well. What sort of punishment do soldiers face for cheating on their spouses?

The military penalty remains pretty harsh: up to a year in confinement plus a dishonorable discharge, which entails the forfeiture of all retirement pay. But a soldier's odds of facing such punishment are slim, at least if adultery is all they're charged with. In fact, courts martial on adultery charges alone are almost unheard of; the charge is usually added atop a list of other crimes, like failing to obey orders, lying to a superior, or sexual misconduct. In October, for example, an Air Force enlistee in Colorado pleaded guilty to adultery, along with providing liquor to a minor and engaging in group sex. The man was sentenced to two months of hard labor and a bad conduct discharge. The latter penalty is considered less shameful than a dishonorable discharge, though it usually involves a similar forfeiture of benefits.

Proving adultery under military guidelines is no mean prosecutorial feat. According to Article 134 of the Uniform Code of Military Justice, the prosecution must prove that the accused not only committed the indiscretion, but also that his or her conduct "was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces." In other words, the affair must somehow have hampered the military's ability to do its job—say, by lowering morale on a base, or by damaging the public's faith in the armed forces.

In April 2002, President Bush further discouraged adultery prosecutions by issuing an executive order that clarified the circumstances that might necessitate legal action. Although the order maintained that "adultery is clearly unacceptable conduct," it also listed a variety of factors that commanders should take into consideration before proceeding with a court martial. These include the accused's rank, the impact of the affair on the involved parties' job performance, and whether any of the hanky-panky took place while the accused was on the clock.

The legal change was inspired by a 2001 report issued by the National Institute of Military Justice, which argued that the adultery laws were too vague and thus enforced too arbitrarily. The most infamous example in recent years was the brouhaha surrounding Lt. Kelly Flynn, an unmarried Air Force pilot who was discharged in 1997 after lying about an affair with the husband of an enlisted woman. Many women's rights advocates grumbled that Flynn's private life was her own business and that a man in a similar position would have been let off the hook with a wink and a nudge.

Compared to the civilian penalties for adultery, the military punishment is remarkably draconian. In Maryland, for example, the maximum penalty for adultery is a whopping $10 fine. And John Raymond Bushey Jr., a Virginia attorney who recently pleaded guilty to adultery, was fined $125 plus $36 in court costs. He has appealed the decision.

[M1Tanker]

I think Lt Flynn's affairs were with members of her own aircraft, a nuclear armed B-52. Contrary to the feminist's charges (where are THEY when liberals abuse and rape women???) the adultery charges were pursued only after she lied (perjury) and disobeyed direct, lawfull orders. The USAF just doesn't like deceitfull, dishonest, and undiciplined people around nuclear weapons. They're strange like that..

[xzins]

I thought my memory was correct. She was fooling around with someone within her own personal command. That has been, is, and always will be contrary to good order and discipline and grounds for adultery charges.

"Nuclear weapons....strange like that." LOL. ;>)

[DannyTN]

Define- "cheating" Define- "Marriage" Define- "Adultery" Define- "Define"

"I did not have sex with that woman!"

Define "is"

[LiteKeeper]

Former chief of chaplains Patrick Hessians coined a phrase I really liked: "There's a thin line between the home front and the front line." It's absolutely true.

And one of his successors (I can't remember which one) said, "Watch out for SAM. He'll get ya every time."

SAM = Sex - Alcohol - Money

[xzins]

Hey, Lite. Know any other ex-chaplains/assistants on FR? Jerry-M is an ex-assistant, now extremely well-trained pastor and police chaplain.

[happygrl]

Thanks for explicating the reasoning of the military to the civilan world.

As a military brat, I saw the effects of adultery on the "base family" and it definitely affected morale.

Yes, the world of themilitary is different, and in a good way.

It still takes seriously such ideas of honor and fidelity.

I'm glad to see this hypocrite and traitor, Capt. Yee, outed for the disgrace he was to the chaplaincy. (OK, it is his alleged conduct that is at issue here.)

Sadly, he is not the first chaplain to have commited adultery, but as Muslims think they are so morally superior to the rest of us, I say, HAH!!!!!

[xzins]

Here's a relevant article from today's Stars & Stripes, Korea. Resurrection of an old program.


Program aims to help troops stick with fidelity


By Joseph Giordono, Stars and Stripes
Pacific edition, Tuesday, December 2, 2003


YONGSAN GARRISON, South Korea — Military and religious leaders at Army bases in South Korea’s Area IV have unveiled a new program linking religious fidelity and marital fidelity.

Called “Coin and Covenant,” the program is designed to help unaccompanied, married servicemembers keep a “practical and memorable” reminder of their spouses and responsibilities back home, officials said.

Earlier this month at Camp Walker, 14 soldiers were inducted into the program and received a pair of coins: a larger one for the spouse at home and a smaller one for the overseas soldier as a reminder to be faithful to God and faithful to spouse no matter what.

“This is a support program for unaccompanied military and support personnel, essentially geographical bachelors and bachelorettes, to keep their marriages strong and solid,” said Maj. Richard Bendorf, 20th Area Support Group chaplain, in a military press release. “The important thing is that each one of us is witnessing to the rest of the people in our units about keeping covenant with our spouses.”

Bendorf presided over the first coin ceremony, saying he empathized with soldiers on tours without their families. “It’s a long time away from the spouses and I understand that,” he said.

Soldiers in attendance said the program was a good way to mix their spiritual and marital desires.

“I’ve been in Korea for four months, but it’s not that hard to be faithful,” said Pvt. Magrata Lee, a 728th Military Police Battalion soldier whose wife of a year is in California. “I always control myself and this program helps in a spiritual way.”

Spc. Daniel Rivera of the 20th Area Support Group Installation Transportation Office made the commitment to his wife while she was visiting from New York. He has been married to Monica for four years. The past 10 months of the marriage have been spent on different continents.

“I feel honored by my husband, who wants to show me how committed he is to me, our marriage and our family,” Monica Rivera said.

Officials said the Coin and Covenant program would include monthly meetings and a yearly retreat. Soldiers and civilians who want to join can be inducted at the monthly meetings.

And though it is run by a chaplain, officials pointed out the program is nondenominational and open to all community members, regardless of their faith.

[LiteKeeper]

Don't know any others, but would be great to develop a list!

[biblewonk]

{Ping} Apparently, Dubya decided X42 left some unfinished business in this area. At any rate, this bit o' news doesn't seem to bode well for any "sanctity of (gay) marriage" action on his part.

So what's left of the conservative party? Not smaller government with fewer handouts. I guess it's a strong military and not afraid to use it, 2nd amendment, and don't kill your 9 month old baby like this, kill it/him this way.

[newgeezer]

The 2nd Amendment part is questionable, too. Just wait and see if they let the so-called "assault weapons" ban expire.

[M1Tanker]

Especially since the SCOTUS will not hear cases on the 2nd Ammendment...

[biblewonk]

I know it's FR heresy but I'm not that concerned either way.

[berserker]

if an officer has an adulterous affair with an enlisted person or an enlisted person's spouse, they are in a whole heap of trouble.

They should be. But from my experience on a "coed" ship, this was hardly the case.

[Blood of Tyrants]

I was in Ronald Reagan's Navy. That type of crap was NOT allowed. (Neither the women on ships nor the officer/enlisted fraternization.)

[newgeezer]

I know it's FR heresy but I'm not that concerned either way.

Die, heretic!

[berserker]

I was in Ronald Reagan's Navy

As was I.

[Blood of Tyrants]

Women on ships with men? Were you on a supply ship?

[berserker]

My last assignment was on a repair ship.

[USMCCHIK]

I was wondering if I could get some advice on what type of discharge I met get for the following situation. I am currently facing NJP for 3 charges : fraternization, adultery, and disobeying a lawful order. My "partner" is facing 4. All are the same with one extra charge: giving false official statements. We have decided to appeal NJP and go for court-martial. What do you think will happen and if we do get discharged what type will it be?

Thank you, PFC