This relationship could undermine the impartiality (or the perception of impartiality) of that officer or enlisted service member.
Since military superiors have the authority to send troops into battle and can make or break an enlisted person's career, this specific type of fraternization is strictly prohibited.
Article 15 punishments may include (but are not limited to): A case considered flagrant or involving other serious circumstances may result in a court-martial.
As with any court-martial process, the accused has access to counsel, the right to appeal, and many of the same rights civilian defendants have.
Thank you That would be a violation of the OPNAVINST (5370.2C)The language in the regulation is clear Personal relationships between officers and enlisted which are unduly familiar are prohibited This is true even if they are at different commands So dating is a clear violation of the rule. For Fraternization, this is exactly what the OPNAVINST does.
And if there was evidence of an improper relationship PRIOR to the marriage that could be grounds to prosecute So meet and marry? The services can then implement rules to enforce this regulation.
The policy specified certain relationships that are always improper such as relationships between officers and enlisted service members that are personal, involve ongoing business, or involve gambling.
However, any other type of relationship can also be prohibited if it has an adverse effect on a unit or chain of command, which can include just the appearance of impropriety.
Otherwise, please rate the answer so I may get credit for my work. But the Navy does not have such a provision in its regulation. However, when I looked up the UCMJ offense I found this: According to the MCM, the “elements of proof” for the offense of fraternization are: That the accused was a commissioned or warrant officer; That the accused fraternized on terms of military equality with one or more certain enlisted member(s) in a certain manner; That the accused then knew the person(s) to be (an) enlisted member(s); That such fraternization violated the custom of the accused’s service that officers shall not fraternize with enlisted members on terms of military equality; and That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.This article discusses the basics of fraternization in the military, the likelihood of facing charges, consequences, and possible defenses.See Find Law's Military Criminal Law section for related articles and resources. Each branch of the military used to have its own set of rules governing fraternization, but this changed in 1999 when the Department of Defense issued a issued a uniform policy for all branches to follow.So in this sense, the OPNAVINST is more stringent than the UCMJ.That is OK..is, it is permissible for the Navy to set its rules, as required, to maintain good order and discipline.When this occurs between officers and enlisted service members or between some other hierarchical pairing, as between a commander and an officer or enlisted soldier in her command, it can potentially undermine the chain of command, order, and discipline.Not all contact between enlisted persons and officers or subordinates and superiors is prohibited, just contact that would compromise (or have the appearance of compromising) order, discipline, and the chain of command.They may also be able to have personal relationships if the relationship is due primarily to a civilian acquaintanceship.However, keep in mind that even if an exception to the policy applies, the relationship can still be prohibited if it has an adverse effect on the unit or chain of command.When Fraternization Is Charged as an Offense Fraternization becomes a criminal offense under Article 134 of the Uniform Code of Military Justice when the conduct "has compromised the chain of command, resulted in the appearance of partiality, or otherwise undermined good order, discipline, authority, or morale," according to the Manual for Courts-Martial (PDF). However the per se categories mentioned above could result in formal charges.But remember that such charges can only be brought against an officer based on the elements of fraternization set forth in the Manual: For minor fraternization issues, the accused may receive a verbal or written reprimand.