Air Force considered disciplining Mark Sanford over affair

The U.S. Air Force Reserve considered taking disciplinary action against South Carolina Gov. Mark Sanford after his Argentinian affair emerged last month. Sanford, a reservist since 2002, could have been charged with adultery (still a crime under the military’s Uniform Code of Military Justice), but the Air Force decided against it after an internal review of the case.

From the Greenville News, which broke the story this morning:

In response to questions by The News, Cliff Tyler, spokesman for headquarters of the Air Force Reserve Command at Robins Air Force Base in Georgia, said, “They looked at all the facts and they looked at the circumstances and the decision was made as a command not to take any action against him.”

Tyler said he was unsure of the exact process used or the reasons behind the officials’ decision. He said it was a deliberative process.

Without details, it’s impossible to know exactly what drove the Air Force to ignore Sanford’s case completely (even the state GOP gave him a slap on the wrist). But it’s interesting to note that had Sanford been charged and tried by the military for cheating on his wife, his case would have been part of a full docket.

Eighteen members of the service faced court-martial in 2008 involving at least one charge of adultery, according to the Air Force. Another 173 faced non-judicial punishment for adultery. So far this year, seven members of the Air Force have faced court-martial on an adultery charge, and 87 have faced non-judicial punishment, according to Lt. Col. Linda Pepin, spokeswoman for the Secretary of the Air Force.

Though military prosecution of affairs is not rare, pusnishing philandering like Sanford’s is, according to the experts. Since his jaunts to Argentina (the ones that we know of) didn’t come when he was on one of his active duty tours with the Air Force, the consensual sex between two adults  that occurred wasn’t among the many types the military still considers illegal.

[T]he military code of law only applies to those on active duty, said Mathew B. Tully, a Washington lawyer who has practiced military law for 10 years and writes a legal column for military newspapers.

“It is near impossible for reservists to be charged with this,” he said.

Tully said if Sanford were to have engaged in an affair while on duty, he could be charged.

“But if he was having sex with his mistress on a Tuesday and his military duty was on Saturday and Sunday, there is no way there is Uniform Code of Military Justice jurisdiction over him,” he said.

Tully said in cases in which he has been involved, there is normally some type of military connection — that is, the officer has sex with another member of the military, or a spouse of another member of the military overseas and the accused adulterer was on active duty at the time of the affair.

Sanford didn’t offer his take on the story to the Greenville paper. That’s because he’s off doing what he does best — international travel on state time.

Sanford is in Europe on a two-week vacation with his family. He will return Aug. 5.

Joel Sawyer, spokesman for the governor, said he had no comment on the military review of Sanford’s affair.

“He’s looking forward, not backward,” he said.