Article 134

As a member of the United States military, you likely hold yourself to a higher moral standard than the average person. This is a reasonable conclusion, given that you have chosen a career that involves putting your life at risk to protect others. You believe in doing what is right, upholding truth, and seeking justice. These beliefs are upheld by the Uniform Code of Military Justice (UCMJ), which serves as the moral code of laws and procedures that every service member is expected to adhere to. The code encompasses criminal acts as well as “General Articles” that address inappropriate, though not criminal, conduct.

UCMJ Article 134 (General Articles) specifies behaviors that would bring disrepute to the military’s image. It also addresses conduct that breaches local civil or foreign laws. Should actions violating Article 134 be reported to the military, the individual may face court-martial proceedings if the government can demonstrate that the behavior was detrimental to the organization’s reputation. In total, Article 134 of the UCMJ categorizes 54 different offenses, which include inappropriate sexual conduct.

Practical Applications and Examples of Article 134

In UCMJ Article 134, the sexual conduct section covers:

• Solicitation
• Non-consensual encounters
• Sexual misconduct between a commanding officer and a subordinate (fraternization)
• Non-traditional sexual arrangements
• Consensual acts deemed indecent and debilitating to the military’s reputation
• Extramarital affairs (adultery)

Adultery

If bringing forward claims of adultery and pursuing legal action under Article 134 UCMJ, the accused must present proof that either party is married to someone else, and that the actions taken are detrimental to the military’s reputation. If all three aspects are valid and substantiated, commanding officers will determine punishment based on various factors. These factors may include:

• Rank, marital status, and position in the armed forces
• Rank, marital status, and comparative position of the other party involved
• Rank and status of the accused’s spouse
• The impact of the act of adultery on the military duties of the involved parties
• The extent of government resources and time involved in committing adultery
• The blatant nature of the adultery, any concurrent violations of the UCMJ, and whether the accused ceased the misconduct after being warned
• Whether the parties were legally separated at the time
• The current and potential defamatory impacts on the accused’s unit or the unit of the other party
• The circumstances surrounding the adultery

To better understand what goes into an adultery claim, review the following UCMJ Article 134 adultery pdf. Note that charges of adultery are often paired with rape or sexual assault.

Other Article 134 Violations

Additional acts that may result in a court-martial under this article include:

• Kidnapping
• Animal abuse
• Dishonorable debt non-payment
• Making disloyal statements

Investigation and Charges

The process of investigating an accusation under Article 134 UCMJ (adultery) is thorough. The first step involves a detailed examination of the evidence presented, which typically includes a review of the accused’s behavior, gathering of legitimate proof, witness interviews, and a review by a commander.

As mentioned earlier, to substantiate an Article 134 UCMJ charge, it must be proven that the accused’s actions violated the moral standards established by the military or harmed the reputation of the armed forces. Evidence may consist of documents, photographs, statements, and physical evidence. Once the evidence is collected, the commanding officer responsible for the investigation will review it and determine whether to press charges. It is ultimately the commanding officer’s duty to protect government assets. As with all legal cases, in UCMJ violations, the prosecution must establish the conduct beyond a reasonable doubt.

Adultery Punishments

So, what are the penalties for violating Article 134? UCMJ Article 134 examples of potential disciplinary actions include:

• Forfeiting of benefits
• Reduction of grade
• Forfeiting pay
• Dishonorable discharge
• Bar on reenlistment
• Loss of security clearance
• One year in confinement or up to ten years in prison
• Reclassification

Fraternization punishments

In cases of fraternization, which is defined as an offense involving an officer and an enlisted person, the commanding officer in charge of the investigation may choose to:

• Counsel the individuals
• Pursue non-punitive measures, such as oral or written reprimands, admonishments, adverse OER/EER, barring reenlistment, or administrative elimination
• Consider nonjudicial punishment (NJP) or punitive action

Further actions may be taken if the offense constitutes a social relationship between an officer and an enlisted person that violates good order and discipline.

Will The Trump Administration Affect The Uniform Code of Military Justice?

Almost immediately after taking office, President Donald J. Trump signed executive orders meant to reshape the federal workforce significantly. As the orders start to take effect, disruptions in operations are being anticipated in the Department of Defense (DoD) and intelligence communities. Concern for military and security operations is expected as well. Risks include:

• The loss of experienced intelligence and defense personnel
• Delays in defense contracts and military readiness
• Security clearance bottleneck and workforce shortages
• Compromised cyber and counterintelligence capabilities
• Disruptions in military legal services

Due to the sudden changes occurring at the federal level, many organizations — including the DoD, CIA, NSA, DHS, and FBI — have reported a rise in unexpected departures, which could cause serious gaps in national security. Reductions in the workforce may also delay contract approvals, procurement processes, and weapons development, slowing down the military’s overall readiness. Furthermore, the loss of top-clearance personnel could jeopardize classified operations’ running and overall safety.

Orders Specific to the Armed Forces

Issued executive orders related explicitly to military operations have included:

• Banning diversity, equity, and inclusion (DEI) initiatives to “boost recruitment”
• Tasking officials with the creation of a “policy on transgender troops”
• Reinstating more than 8,000 members who were discharged for disobeying direct orders regarding refusal of the COVID-19 vaccine

As part of their efforts to comply with President Trump’s DEI orders, the Department of Veterans Affairs placed nearly 60 employees on leave. The policy on transgender troops, despite having no scientific evidence cited, claims that “expressing a false ‘gender identity’ divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service.” There are currently between 9,000–15,000 transgender personnel serving in the military. The more than 8,000 military members terminated for “refusing to take the vaccine and damaging “good order” and “discipline” will be reinstated to their former rank with full back pay and benefits. President Trump described the service members as having been “unjustly expelled” despite a high-ranking Pentagon official expressing concern that their reinstatement will set a precedent for being “able to opt out of other vaccines, such as those given to service members for yellow fever or smallpox.” Such conduct is arguably in violation of the UCMJ, justifying their expulsion.

At this time, it remains unclear which specific programs will be affected by the executive orders. There has not been any indication that Article 134 of the UCMJ will be amended.

The Importance of a Military Defense Lawyer

If you find yourself in a situation that may fall under UCMJ Article 134, including claims of adultery, it’s time to protect yourself. Accusations of adultery can derail your promising career. If court-martialed and found guilty, you could face fines, confinement, or the worst possible outcome for a serviceman: dishonorable discharge. Don’t face your accuser alone—contact Daniel Conway & Associates to secure representation from one of our military defense attorneys.

Once you meet with one of our attorneys, you must be completely honest and transparent about your situation. We need to know every detail from your perspective to provide you with the best representation possible. What you share with us is the foundation upon which we build our case. The more you disclose, the stronger your defense will be.

How We Build a Defense

Preparing for an Article 134 UCMJ adultery case requires an attorney experienced in military law. For over 50 years, Daniel Conway & Associates has defended service members and provided expert guidance in court. We recognize the strict guidelines surrounding military procedures and the time-sensitive elements that come with them. Your attorney will collaborate with you to ensure you understand the process and assist in preparing your testimony. They will thoroughly examine the case to identify potential weaknesses, emphasize its strengths, and advise you on the most effective presentation.

Daniel Conway & Associates is committed to delivering trustworthy, aggressive, and, above all, fair representation. We will work closely with you to reduce the burdens of an adultery claim. Your attorney will build your defense, present compelling evidence, and guide you through the legal process to help you avoid potentially career-ending consequences. To protect your career and reputation, obtain legal representation from Daniel Conway.

You Protect Others, Let Us Protect You!

Representing yourself is never a wise choice, particularly when your career is at stake. A skilled UCMJ defense attorney can assist service members in navigating the military justice system, contesting the evidence against them, and advocating to protect their rights and future. Your lawyer will offer invaluable guidance and support throughout the process, helping to manage the complexities of military law. Trust Daniel Conway & Associates to help keep your reputation intact. Regardless of the branch or base, we build the case.

Contact Daniel Conway & Associates online or call (888) 401-6214 today to schedule a consultation with our UCMJ Article 134 adultery lawyers!