How to Prove Adultery in the Military

March 28, 2026

Many Servicemembers wonder how to prove adultery in the Military. Adultery, now called extra marital sexual conduct, is defined under Article 134 of the UCMJ. The required elements to be proven are:

that the accused wrongfully engaged in extramarital conduct;
that, at the time, the accused knew that the accused or the other person was married to someone else; and,
that, under the circumstances, the conduct of the accused was either to the prejudice of the good order and discipline in the army forces and/or of a nature to bring discredit upon the armed forces

Extramarital sexual conduct is defined as:

genital to genital sexual intercourse;
oral to genital sexual intercourse;
anal to genital sexual intercourse; or,
oral to anal sexual intercourse

Any Servicemember wondering how to prove adultery in the Military may hear that it is very difficult to prove and requires pictures or video proof. This is a misconception and often leads to a false sense of security. Adultery, typically investigated through a 15-6 investigation (Army), Commander Directed Investigation (Air Force), or Command Investigation (Navy and Marines), is not that hard to prove by a preponderance of the evidence, which is the typical standard.

The following type of evidence typically leads to adultery being proven:

statements from either party accused of adultery;
statements from others who heard admissions from either party accused of adultery;
statements from individuals who witnessed flirtatious or inappropriate conduct;
text messages/emails, typically provided by a spurned lover/spouse;
call logs;
photos/videos demonstrating overnight stays;
police reports; and/or
court/paternity documentation

Considering the lower standard (preponderance of the evidence), it is much easier to prove adultery than most Servicemembers realize. Furthermore, proven allegations of adultery typically lead to punishment in the form of reprimands (LORs, GOMORs), non judicial punishment, and/or separation from service.

Any Servicemember wondering how to prove adultery in the Military should immediately consult an experienced Military Defense Lawyer. Decisions made during the investigation, and after, can make a big difference. While JAGs are available to assist, they are often over-worked, inexperienced, and unwilling or unable to provide adequate advice/assistance for adultery allegations.. A civilian Military Lawyer can be retained, which allows a Soldier to be represented by a proven lawyer with good former client reviews.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has extensive experience with all types of Military Adverse Actions, including those related to allegations of adultery.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.