Adultery is very hard to prove. You either need an angry spouse/girlfriend/mistress to approach your CoC or if you got someone pregnant, your CoC will know because of a paternity test. Having said that, the first thing you should do is ask your accuser (more than likely your Co Cdr) who the person is that is claiming that you had an extramarital affair, if it's just another Soldier, get a sworn statement from the person who you are supposedly having an affair with. Also, let TDS (your attorney, you will be afforded one) know that you are %100 innocent. If you truly are innocent, you should have nothing to worry about, it will all wash out.
It is a violation of Article 134 of the UCMJ.
Yes it is possible that you can be punished for adultery under UCMJ regardless of being legally separated or not! Only way of being a 100 percent sure this doesn't happen is to wait for any relationship of any kind til the divorce has been finalized and you are single again!
He could be charged under the UCMJ for conduct unbecoming an officer and perjuring themselves.
Yes, you can because it is a violation of UCMJ.
You're a service member 24/7, even on leave. If charges come up against you, you can be recalled to answer for them.
Under the Uniform Code of Military Justice (UCMJ), adultery is defined as sexual conduct that violates the marital fidelity of a service member. Kissing on the neck could potentially be considered adultery if it is deemed to be an intimate act that signifies a romantic or sexual relationship outside of marriage. However, the specific circumstances, intent, and context would play a significant role in determining whether it constitutes adultery. Ultimately, legal interpretation would depend on the details of the case and the discretion of military authorities.
aparently YES. THAT WOULD BE PUNISHABLE UNDER ARTICLE 92, FAILURE TO OBEY A DIRECT ORDER FROM A NCO, IVE BEEN PUNISHED BY IT A COUPLE WEEKS AGO, IDK WHAT IS THE RESULT OF THE TRIAL YET.
Article 92, UCMJ. There are two types of dereliction: wilful and negligent punished under the same article. Note sometimes they also charge an orders violation, also under Article 92 for the same or similar conduct.
I am not an attorney, however, if I recall correctly you cannot be "charged" with the same crime. That being said, you can be punished for things like discredit, conduct unbecoming and a lot more.
The Marine providing alcohol to any minors will be punished under the UCMJ and will be trial by court martial.
If the particular state in which the adultery occurred has laws against it. Adultery is not illegal in all states, and in some states where it is a crime the law is not enforced and adulterers are not prosecuted. If however the "military wife" is also enlisted, then she can definitely be charged with adultery under UCMJ.
Well, a court martial is a result of UCMJ action. When the charges are filed against a service member, that's UCMJ action right there. However, they may not be punished twice for the same offence.