A complaint was filed to the U.S. Army’s inspector general requesting an investigation into North Carolina Senate candidate Cal Cunningham, a lieutenant colonel in the Army Reserve, related to his extramarital affair, according to a report.
The complaint, first reported by Townhall, is filed by Army Chief Warrant Officer 4 (Ret.) Jason G. Davis on October 7, 2020. It requests that a “full and complete investigation be conducted into the actions of LTC James Calvin Cunningham, III, USAR, based on recent national media reports.”
Nationalfile.com revealed last week that Cunningham, a married father of two, had exchanged text messages of a sexual nature with public relations executive Arlene Guzman Todd, who is married to a wounded combat soldier.
Follow-up reporting by the Nationalfile.com and the Associated Press revealed that Cunningham and Guzman Todd had at least one in-person sexual encounter as recently as July in his home.
Adultery is a violation of the Uniform Code of Military Justice, and Cunningham as a reservist would be subject to UCMJ if he committed adultery while on duty.
However, the complaint, filed the same day Nationalfile.com’s report published, requests that the Army IG investigate to determine his duty status, and at the minimum, investigate him for violating Article 133 for behavior unbecoming of an officer.
The complaint said:
Military Officers are held to the highest of moral and ethical standards, supporting the Army core values, which is the reason for this request of an exhaustive investigation into the ‘sexting’ relationship LT Cunningham admitted to the media on October 2, 2020. More text messages have now been reported, although not acknowledged by LTC Cunningham. An investigation must conclude the duty status of LTC Cunningham, as a member of the USAR, which would undoubtedly impact any potential violations of the Uniform Code of Military Justice. At a minimum, I would expect any investigation would conclude a clear violation of Article 133: Conduct Unbecoming an Officer.
Cunningham is currently under investigation by the Army Reserve.
It is unclear when Cunningham first met Guzman Todd. Cunningham and Guzman Todd’s husband, Jeremy Todd, both served at Fort Bragg in North Carolina between 2010 and 2016.
Cunningham sent Guzman Todd a text message earlier this year that said: “Happy belated birthday,” Cunningham wrote in a text to Guzman Todd about her son. “Cannot believe he’s 8 years old!!! He was so little when we met!”
Cunningham is currently a military judge advocate general (JAG) with the 134 Legal Operations Detachment at Fort Bragg. He previously served as the Deputy Staff Judge Advocate at the U.S. John F. Kennedy Special Warfare School and Center (SWCS), which trains Green Berets, and he served at various assignments at Fort Bragg before that.
Todd previously served as the senior religious enlisted officer for all of Army Special Forces Command (Airborne) at Fort Bragg. He was injured in a paratrooping training accident. The Todds left North Carolina for southern California in 2016, where Todd enrolled at the University of Southern California.
This story has been updated to reflect that the complaint was filed to the U.S. Army Inspector General, not the Department of Defense Inspector General.