Legal Question in Military Law in California

Re: Punishment

The CDI is merely the precursor to further action. You could be seeing a range from a Flag/GO reprimand, through NJP/Art. 15, to a show cause board or court-martial.

Give us a call,

Sincerely, www.court-martial.com

Re: Punishment

It does not matter that the senior officer [0-6 select] is separated or not with respect to "guilt" as the other person, is married. It may have a small impact on the punishment IF the person is found guilty. As my friend Mr. Cave notes, the matter was "investigated" and the apparent conclusions were that the officer is "guilty" but that is not the same as being punished. It will also depend on whether or not there are any other charges involved. The range of punishments will be determined by the FORUM that is used - if it is Non-Judicial Punishment [NJP or Art.15], for an officer, that maximum will be 1/2 of a month's pay for 2 months, a reprimand, etc. Note that the officer will almost certainly be "red-lined" meaning, "un-selected" for promotion due to misconduct. That is a separate administrative process. Since the spouse is married to another military member, that fact alone will give rise to some "impact" on good order and discipline, and then the question will be, how notorious was this, was anyone in anyone else's chain of command etc. If it is only one Specification of Adultery, it is unlikely (but possible) for the matter to be referred to trial by a court-martial. The maximum sentence then will be controlled by how many charges are involved, but a Dismissal [officer's version of Dishonorable Discharge] is authorized, as is jail time, fines, forfeitures, etc., and a Dismissal results in the loss of retirement benefits.

As you can see, there are many variables, and to give more specific responses, we would need more specific information. Call or email me if I can be of any further assistance. Good Luck. Don Rehkopf