Pentagon Panel Suggests Easing Rules on Adultery

Top Pentagon officials have proposed reshaping the military’s criminal code to ease the consequences of adultery by service members. The move, amid a series of military sex scandals, is sparking objections from some quarters.

A panel appointed by Defense Secretary William S. Cohen proposed that adultery remain a crime under the Uniform Code of Military Justice, but not one that would always be prosecuted, a senior-level defense official said Sunday.

Confirming a report Sunday in the New York Times, the official said the changes mark an effort to bring the military’s strict approach on the subject more in line with civilian attitudes.

For example, rules would instruct commanders in the field to file charges only if an adulterous relationship has disrupted morale or operations in a military unit. It would discourage commanders from pursuing cases that had occurred long ago or with no connection to a service member’s military unit, the official said.

Other officials, also speaking privately, said some in the military insist that the armed forces should not soften their stand.

The proposals also could adjust the consequences of adultery by allowing for bad conduct discharges instead of the more serious dishonorable discharge, which results in the loss of all benefits.

Defense officials have been wrangling over the matter for more than a year. Cohen asked that the policy on adultery and fraternization be reviewed after the Air Force controversy over its discharge of Lt. Kelly Flinn for lying about an affair she had with the husband of an enlisted woman.