{"id":353849,"date":"2016-04-04T10:47:07","date_gmt":"2016-04-04T15:47:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/military\/criminal-law\/fraternization-in-the-military-legal-issues.html"},"modified":"2016-06-20T20:25:06","modified_gmt":"2016-06-21T01:25:06","slug":"fraternization-in-the-military-legal-issues","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/military\/criminal-law\/fraternization-in-the-military-legal-issues.html","title":{"rendered":"Fraternization in the Military: Legal Issues"},"content":{"rendered":"\n
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Fraternization in the Military: Legal Issues<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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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.<\/p>\n\n <\/div>\n\n

Fraternization in the military relates to prohibited personal relationships between military service members of different ranks and positions. Fraternization involves improper relationships, ranging from overly casual relationships to friendships to romantic relationships.<\/p>\r\n

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. <\/p>\r\n

This article discusses the basics of fraternization in the military, the likelihood of facing charges, consequences, and possible defenses. See FindLaw’s Military Criminal Law<\/a> section for related articles and resources.<\/p>\r\n

What Is Fraternization in the Military?<\/h2>\r\n

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. 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.<\/p>\r\n

That being said, a certain level of fraternization among service members of different ranks and positions is often encouraged in the military, such as softball games or other team building events. However, even this can cross the line if, for example, an officer goes out for drinks with an enlisted person after the game. 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. The key here in this example is whether you\u2019re building a team or building a personal relationship.<\/p>\r\n

Some exceptions do apply to the per se rules. If an officer and enlisted service member were married before joining the service or before the policy was enacted, that relationship would not violate the fraternization policy. Also, officers and enlisted service members in the Reserves or National Guard may have an ongoing business relationship based on their civilian jobs. 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.<\/p>\r\n

When Fraternization Is Charged as an Offense<\/h2>\r\n

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<\/a> (PDF). Most offenses do not lead to a court-martial. 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:<\/p>\r\n

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  1. The accused was a commissioned or warrant officer;<\/li>\r\n
  2. The accused fraternized on terms of military equality with one or more certain enlisted members in a certain manner;<\/li>\r\n
  3. The accused then knew the person(s) to be (an) enlisted member(s);<\/li>\r\n
  4. The fraternization violated the custom of the accused’s service that officers shall not fraternize with enlisted members on terms of military equality; and<\/li>\r\n
  5. 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.<\/li>\r\n<\/ol>\r\n

    Penalties for Violations<\/h2>\r\n

    The penalty for fraternization in the military varies according to:<\/p>\r\n