Hey all, I’m a married AF officer in the reserves and currently under investigation for adultery and fraternization with an active duty enlisted. The other person’s spouse hacked their social media and got months of messages as evidence. The weird part is that this happened after my orders ended, and I was off status for 6 months. So, does being off status mean I’m not subject to the UCMJ? Can I still face a court martial for this? Any insights are really appreciated, thanks!
So, if you’re not actively on orders, you’re technically not subject to court martial under the UCMJ. But you could still face an administrative separation. Basically, the Air Force can kick you out for misconduct even if it’s not a court martial.
@Kaius
Ah, okay, so even off status, they can still mess with your career? That’s kinda rough. So, what’s the difference between this separation and a court martial?
Quincy said:
@Kaius
Ah, okay, so even off status, they can still mess with your career? That’s kinda rough. So, what’s the difference between this separation and a court martial?
Yeah, it’s more of an administrative process, not a criminal trial. A board would decide whether you should be separated. You don’t face jail time, but it could affect your career big time.
I think the secretary of the Air Force has the final say on whether you get separated. They can do that for conduct unbecoming, even if you’re off status. And if you have 21 years in, they can still decide to give you an ‘other than honorable’ discharge.
@Nori
Got it, that’s what I was worried about. So, it’s like they can still mess with your retirement even if you’re not actively serving? Doesn’t seem fair.
Brooke said:
@Nori
Got it, that’s what I was worried about. So, it’s like they can still mess with your retirement even if you’re not actively serving? Doesn’t seem fair.
Yeah, it’s a tough situation, but unfortunately, the rules give them a lot of leeway. You’re still technically subject to their discretion even off status.
You’re right, they can’t court martial you while off status, but I’d recommend submitting for retirement now. Even if they move forward with the separation board, you could negotiate your retirement instead of being kicked out.
@Kai
Thanks, that’s actually a good idea. I was unsure whether it was worth asking for retirement now or waiting. Makes sense to do it before things get worse.
Just to clarify, when it comes to Article 133 and being ‘unbecoming of an officer,’ they can still hold you to those standards even if you’re not actively on orders. It’s just handled differently through an administrative process like the show cause board.
@Ali
Ah, so this board thing can still apply UCMJ standards without a court martial? Got it, thanks for clearing that up.
One thing to keep in mind, if you do try for retirement, they don’t have to approve it right away because of the ongoing investigation. But submitting can’t hurt your chances. Just be ready for that uncertainty.
@Marin
Yeah, I was kind of thinking that. Guess I’ll just submit and see where it goes. Thanks for the advice!