Bundeswehr: military service senate: adultery within the troop has consequences

Adultery within the Bundeswehr can be punished under disciplinary law. This emerges from a now published decision of the 2nd military service senate at the Federal Administrative Court of Leipzig in January. In the specific case, a main sergeant had a relationship with the wife of a team soldier of the same battalion. This had previously moved out of the shared apartment from a preliminary intention to separate.

The troop service court had given a ban on promotion against the main sergeant due to violation of its mandatory obligation. The Federal Administrative Court predominantly rejected the appeal of the Bundeswehr disciplinary lawyer in favor of the soldier. The military service senate rated the case somewhat milder and imposed a reduction in the service.

Adultery disturbs cohesion of the soldiers

The imposition of the disciplinary measure is justified because the participation in the adultery is a disregard for a law of comrade and regularly had negative effects on the company, the judges justified the decision. “Hardly any other behavior to the disadvantage of a comrade is more suitable for generating tensions, unrest and distrust not only between those involved, but also in the troops generally triggered and thus disturb the cohesion of the soldiers.”

The judge emphasized that a mitigation of the measure was not prompted in the present case because the adultery only took place after the spouse was separated. The obligation to marry only expires when the marriage has failed. The Federal Administrative Court, however, stood out to the accused main sergeant that it was in an error in this regard and that it provided constant good official services.