Separation agreements are typically drafted by an attorney, such as those available to Soldiers and their Family members at the Office of the Staff Judge Advocate (commonly referred to as “JAG”).
Such agreements often become part of the final divorce granted by a state court and the act of signing such a document usually signifies a major step toward a final divorce.
Article 134 "explanations" identifies other factors for commanders including: (2) Conduct prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces.
To constitute an offense under the UCMJ, the adulterous conduct must either be directly prejudicial to good order and discipline or service discrediting.
If this defense is raised by the evidence, then the burden of proof is upon the United States to establish that the accused's belief was unreasonable or not honest.".
Adulterous conduct that is directly prejudicial includes conduct that has an obvious, and measurably divisive effect on unit or organization discipline, morale, or cohesion, or is clearly detrimental to the authority or stature of or respect toward a servicemember.
Adultery may also be service discrediting, even though the conduct is only indirectly or remotely prejudicial to good order and discipline.
The first two elements of adultery under the UCMJ are fairly straightforward and shouldn’t require further explanation.
The third and final element is where our simple question starts to become complicated.