Hi Dhughl-ga and thank you for the question.
The reason you could not get
http://www.usapa.army.mil/pdffiles/mcm200.pdf is because there was a 2
missing in this URL.
The correct URL is http://www.usapa.army.mil/pdffiles/mcm2002.pdf or
http://www.army.mil/usapa/epubs/pdf/mcm2002.pdf
This is the Manual for Courts-Martial United States (2002 Edition) a
891 page publication. I reviewed this publication and the following
text is what I located addressing when a couple poses as married and
are not.
Page 374
62. Article 134—(Adultery)
(4) Mistake of fact. A defense of mistake of fact exists if the
accused had an honest and reasonable belief either that the accused
and the co-actor were both unmarried, or that they were lawfully
married to each other. 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.
Page 378/379
69. Article 134—(Cohabitation, wrongful)
a. Text. See paragraph 60.
b. Elements.
(1) That, during a certain period of time, the accused and another
person openly and publicly lived together as husband and wife, holding
themselves out as such;
(2) That the other person was not the spouse of the accused;
(3) That, under the circumstances, the conduct of
the accused was to the prejudice of good order and discipline in the
armed forces or was of a nature to bring discredit upon the armed
forces.
c. Explanation. This offense differs from adultery (see paragraph 62)
in that it is not necessary to prove that one of the partners was
married or that sexual intercourse took place. Public knowledge of the
wrongfulness of the relationship is not required, but the partners
must behave in a manner, as exhibited by conduct or language, that
leads others to believe that a martial relationship exists.
d. Lesser included offense. Article 80—attempts
e. Maximum punishment. Confinement for 4 months and forfeiture of
two-thirds pay per month for 4 months.
f. Sample specification.
In that _________ (personal jurisdiction data), did, (at/on
board—location) (subject-matter jurisdiction data, if required), from
about
20 , to about__________ 20 , wrongfully cohabit with ______ , (a woman
not his wife) (a man not her husband).
Source: Manual for Courts-Martial United States (2002 Edition)
http://www.usapa.army.mil/pdffiles/mcm2002.pdf
==============================================================
Fraternization under General Military Law:
Fraternization is a violation of the Uniform Code of Military Justice.
It falls under a subparagraph of Article 134
http://usmilitary.about.com/library/milinfo/mcm/bl134-23.htm
and is defined by the Manual For Courts-martial (MCM).
http://usmilitary.about.com/library/milinfo/mcm/blmcm.htm
According to the MCM, the "elements of proof" for the offense of
fraternization are:
(1) That the accused was a commissioned or warrant officer;
(2) That the accused fraternized on terms of military equality with
one or more certain enlisted member(s) in a certain manner;
(3) That the accused then knew the person(s) to be (an) enlisted
member(s);
(4) That such fraternization violated the custom of the accused's
service that officers shall not fraternize with enlisted members on
terms of military equality; and
(5) That, under the circumstances, the conduct of the accused was to
the prejudice of good order and discipline in the armed forces or was
of a nature to bring discredit upon the armed forces
Regulations. Regulations, directives, and orders may also govern
conduct between officer and enlisted personnel on both a service-wide
and a local basis. Relationships between enlisted persons of different
ranks, or between officers of different ranks may be similarly
covered. Violations of such regulations, directives, or orders may be
punishable under Article 92.
http://usmilitary.about.com/library/milinfo/mcm/bl92.htm
Source: http://usmilitary.about.com/library/weekly/aa061702a.htm
Fraternization in the Military: Army Fraternization Policies are
discussed here:
http://usmilitary.about.com/library/weekly/aa061702b.htm
Here are a number of articles relating to abuse of power taken from
The Uniform Code of Military Justice :
889. ART. 89 DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER
Any person subject to this chapter who behaves with disrespect toward
his superior commissioned officer shall be punished as a court-martial
may direct.
891. ART. 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER,
NONCOMMISSIONED OFFICER, OR PETTY OFFICER
Any warrant officer or enlisted member who--
(1) strikes or assaults a warrant officer, noncommissioned officer, or
petty officer, while that officer is in the execution of his office;
(2) willfully disobeys the lawful order of a warrant officer,
noncommissioned officer, or petty officer; or
(3) treats with contempt or is disrespectful in language or deportment
toward a warrant officer, noncommissioned officer, or petty officer
while that officer is in the execution of his office;
shall be punished as a court-martial may direct.
892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION
Any person subject to this chapter who--
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of
the armed forces, which it is his duty to obey, fails to obey the
order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
893. ART. 93. CRUELTY AND MALTREATMENT
Any person subject to this chapter who is guilty of cruelty toward, or
oppression or maltreatment of, any person subject to his orders shall
be punished as a court-martial may direct.
Articles that can be related to posing as married and are not:
907. ART. 107. FALSE STATEMENTS
Any person subject to this chapter who, with intent to deceive, signs
any false record, return, regulation, order, or other official
document, knowing it to be false, or makes any other false official
statement knowing it to be false, shall be punished as a court-martial
may direct.
933. ART. 133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN
Any commissioned officer, cadet, or midshipman who is convicted of
conduct unbecoming an officer and a gentleman shall be punished as a
court-martial may direct.
934. ART. 134. GENERAL ARTICLE
Though not specifically mentioned in this chapter, all disorders and
neglects to the prejudice of good order and discipline in the armed
forces, all conduct of a nature to bring discredit upon the armed
forces, and crimes and offenses not capital, of which persons subject
to this chapter may be guilty, shall be taken cognizance of by a
general, special or summary court-martial, according to the nature and
degree of the offense, and shall be punished at the discretion of that
court.
The Uniform Code of Military Justice
http://www.constitution.org/mil/ucmj19970615.htm
http://www.military-network.com/main_ucmj/main_ucmj.htm
Search Criteria:
UCMJ code
UCMJ +marriage article
UCMJ military “posing as married”
Manual for Courts-Martial United States
Manual for Courts-Martial United States (2002 Edition)
fraternization UCMJ code
I hope this is what you’re looking for. If I've left something out,
please post a request for clarification before rating my answer. I'll
be happy to be of further assistance!
Best Regards,
Bobbie7-ga |
