In considering the extramarital affair of...

retired General David Patraeus, there is an issue that hasn't gotten nearly enough attention.  It isn't that he was creating a security risk with his screwing around.  It isn't even the issue of whether or not classified information was disclosed to his "mistress", although that's certainly an issue that requires exploration and investigation.

The issue here is when did the retired General start having the affair.  Because, believe it or not, adultery by a military officer is a court-martial offense, with the maximum punishment including dismissal from the service (officers don't get dishonorable or bad conduct discharges), forfeiture of all pay and allowances and confinement for up to one year.

Was General Patraeus still on active duty when this affair began?  If so, it is not only appropriate for him to be recalled to active duty and court-martialed, it is imperative that the President instruct the Secretary of Defense make this happen.

There is a double-standard regarding adultery in the military.  Officers, for the most part, don't get court-martialed for this, even when their lover is someone in their chain of command.  Enlisted personnel however, are routinely charged, court-martialed and see their careers ruined over affairs.  But even then, double-standards exist.

I remember a very specific case.  There was an E-9 (highest enlisted rank) who was the leader of a unit engaged in providing professional military education to younger non-commissioned officers in the rank of E-4 and E-5.  There was a female E-6 who had been in his unit but had moved on to another unit before their affair began.  Both were married.  Neither of their spouses knew about their extramarital affair until they were caught as the say in flagrante delicto. 

She wasn't court-martialed so as to keep the incident quiet.  But she was given a non-judicial punishment, reduced in rank and administratively discharged with loss of veteran's benefits.  It ruined her career and her marriage.  The E-9 was given a punitive letter of reprimand and allowed to retire, due to his "lengthy and honorable service".  The details never made the press.

Right now an Army one-star general is facing a court-martial for groping and otherwise assaulting women.  That may or may not rise to a higher level of offense, but if our government, in drafting the Uniform Code of Military Justice is going to criminalize adultery, then that criminalization needs to be applied equally across the entire rank structure.  If it's wrong for the lowest enlisted person to have an affair, it's equally wrong for the highest ranking general to do the same.

So investigate.  Find out if the affair started before the retirement of General Patraeus.  If it did, call him back to active-duty and punish him properly.