Military service member arrest consequences ?
This military man cheated on his wife and physically abused her. He got arrested and is in jail. He's not allowed anywhere near her so they're getting a divorce. What happens now? What will the armed forces do to him and what will they do for his wife?
Update:They are getting a divorce and because he cheated on her and was abusive they let him go from his mission so his career is done and his captain paid a visit to his wife telling her that he cant go near her and that he will have to continue paying their house until the divorce is finalized.
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If he was arrested by civilian authorities, then he will go to court just like anyone else. If convicted, the military will most likely process him for discharge. If he makes bail, the military might restrict him to base while his case is pending.
The military might request jurisdiction from the state and pursue a court martial, but they will probably just let the case run its course through the civilian courts.
He will be Court Martialed. He may serve jail time and then be put out with either an Other Than Honorable or a Dishonorable Discharge. The military will do nothing for her as one they are divorced she is no longer a military dependent. If she waits to see if they put him in jail then she can collect his pay and benefits while he is jailed and then divorce him,
there is something else people are forgetting. IF this happened OFF BASE, civilian authorities are involved, and perhaps, the civilian courts as well. they do not HAVE TO release jurisdiction to the military authorities. now it would be to his benefit if they DID. why? if he is CONVICTED of a domestic abuse crime, there go his rights to own, carry, possess, and/or use a firearm - and there goes his career, because if you can't carry a weapon in the military, you can't be IN the military.
regardless of what happens with a civilian court - even if he is found not guilty or the charges are reduced, the military can STILL nail him under the UCMJ (nope, not double jeopardy) and he can count on losing a stripe as a minimum (most likely). now this may not result in a 'domestic abuse' conviction, and his career might be spared.
as for what will the military do for the spouse? NOTHING. the spouse is not military. things to consider: her free ride (medical, base housing, on base shopping ,etc) also comes to a screeching halt when the divorce is final!
https://www.afmc.af.mil/News/Article-Display/Artic...
they won't do anything for the spouse, she is not in the military.
the military could care less one spouse cheated
If the incident happened off base, he will need to answer for any duty time he missed. On base, he could be kicked out of his plush housing, and possibly the entire military. He would, no doubt, face punishment under the NCMI (Non-Uniform Code of Military Injustice).
as soon as he is released from jail he will be charged with UCMJ violations: UA/AWOL at minimum. if they reside in base housing he will be moved to the Barracks and she will have 30 days to vacate. she will keep her Tricare benefits until the divorce is final, but getting all or part of the BAH is something that needs a court order( civilian courts) any kids
wioll
keep Tricare until they age out or become otherwise
inelgible
.
She will need to seek any "reward" or settlement through the civilian courts. A divorce need be filed and granted through the civil courts. The armed forces are not in the divorce business. The armed forces will may offer her counseling until the divorce is legal. As the wife of a service member, that is certainly available to her. They won't compensate her for her troubles. She needs to go to a civilian courthouse and file for a divorce.
What happens to him, in regards to the Armed Forces, matters greatly as to who he is, his rank and roll and position and what happened. I'm not going to try to predict what is impossible for me to know.
If he is on active duty, his Commander and 1st Sergeant are going to immediately apply corrective measures, perhaps non-judicial .. unless he's in really deepshit. The nonmilitary spouse will have first dibs if their living arrangements are on base, which means the service member is ordered to leave. The unit members 1st sergeant will also be the initial POC for the civilian spouse if any assistance is needed .. there are numerous services available, so ALWAYS ask ... also go to the family advocacy office, they'll give you a big packet of useful information
If the military service member violated the UCMJ he/she shall be punished as a court martial may direct. UCMJ Article 192 is a catch all article. Flag Officers aka Generals or Admirals are not subject to the Uniform Code of Military Justice.