Pentagon Review Seeks Clear Rules In Sex Cases Just When Does Adultery Compromise ‘Good Order’ In Military Or Bring ‘Discredit’?
Caught in a storm of criticism over its handling of sexual misconduct in the military, the Pentagon asked its legal officers Saturday to “review the clarity” of existing instructions on how to treat adultery cases.
In an unusual weekend announcement that underscored anxiety over this issue, Pentagon officials said they do not intend to weaken strictures against adultery but want to clarify circumstances in which it should be considered a crime.
“Recent perceptions that our system is inconsistent damage the morale of our troops,” Defense Secretary William Cohen said in a written statement. He did not appear at a briefing in which lower level officials tried to explain the initiative.
Many members of Congress and the public have criticized the Pentagon for what was seen as a double standard on adultery to the detriment of military women and personnel of lower rank.
The cases that elevated this to crisis proportions were the forced resignation last month of Air Force pilot Lt. Kelly Flinn, charged with adultery, lying and disobeying an order; and the admission by Gen. Joseph W. Ralston, the vice chairman of the Joint Chiefs of Staff, that he had an affair in the mid-1980s while estranged from his wife.
Ralston has said he intends to remain in the service, and Pentagon spokesman Kenneth Bacon said Saturday that the general remains a leading candidate to replace Gen. John Shalikashvili as chairman of the Joint Chiefs of Staff.
Cohen contends Ralston’s adultery should not disqualify him as a candidate for the No. 1 military post because it did not discredit the military or compromise its “good order and discipline.”
The Uniform Code of Military Justice does not specifically mention adultery, but a federal manual that is the basis for interpreting the code says adultery is a crime if it compromises good order and discipline or brings discredit upon the service. It is those two standards that the Pentagon wants to clarify, possibly by elaborating on the definitions of “good order” and “discredit.”
Bacon said there is no intent to change the Uniform Code of Military Justice but to make it easier for commanders in the field to understand when to investigate charges of adultery and how to determine an appropriate punishment.”It’s no secret that people are confused about this,” Bacon said.
Cohen instructed that the review be completed by Aug. 18.
On Capitol Hill, Rep. Carolyn Maloney, D-N.Y., welcomed Cohen’s move but said it should not be limited to legal questions relating to consensual sex.
“Consensual relationships are just that,” she said. “The number of rapes and sexual assaults that are committed by military personnel is much more disturbing.”
Cohen also announced he would convene a panel of private citizens, headed by former Republican Sen. Nancy Kassebaum Baker of Kansas, to review issues related to mixed-sex training.