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Yes, he can be. Adultry is a chargable offense under the UCMJ. It can be charged under several articles of the UCMJ depending on the exact circumstances. Some of these include: Article 133 (Conduct unbecoming an officer), Article 134 (General Article), Article 92 (Failure to obey an order or regulation) among others. As a LtCol, he would likely be tried at a General court martial. It is, however, unlikely he would be taken to court-martial unless there were serious aggravating circumstances. Most of these cases are handled through a Board of Inquiry (BOI) in which the officer must show cause for retention. This is a non-judicial procedure which means punishments are very limited. However, the BOI can recommend separation from the military with an Under Other Than Honorable Conditions characterization of service which is extremely prejudicial in post-service civilian life.

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Q: Can Lt Col Andre Gathers be tried for adultery and be court martialed?
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