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Can a Navy Reserve Officer marry a Navy Active Duty enlisted member? From my understanding the Reserve Officer does not fall under the UCMJ unless on active duty orders, so cannot be prosecuted under article 134. However, the enlisted member does fall under the UCMJ, so is he/she subject to prosecution under the UCMJ for marriage to a reserve officer? Also, if the reserve officer becomes active after the marriage, is he/she required to report the marriage?Both members will never fall under the same chain of command.
Optional Information: State/Country relating to question: Virginia
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QUESTION: "Can a Navy Reserve Officer marry a Navy Active Duty enlisted member?"
ANSWER: Yes. In addition to sincerely XXXXX XXXXX of you for your military service on behalf of our nation, I am pleased to offer my congratulation to both you and your fiancé along with some good news. You have very astutely raised a highly relevant issue, namely that of different chain of command. That consideration, along with calling into question the objectivity of the senior member, along with the general concept of unprofessionalism, is the basis for the prohibition when it comes to the same chain of command. In your circumstances, however, all of that is pretty much academic. So, the botXXXXX XXXXXne is you are in the clear, I am happy to say. Here is the actual authority on this topic: OPNAV Instruction 5370.2C.
QUESTION: "However, the enlisted member does fall under the UCMJ, so is he/she subject to prosecution under the UCMJ for Marriage to a reserve officer?"
ANSWER: No. (Please see above comments concerning chain of command.)
QUESTION: "Also, if the reserve officer becomes active after the marriage, is he/she required to report the marriage?"
ANSWER: No. I do not see a clear codified duty as such. However, to avoid even the appearance of any impropriety, I would advise volunteering the information at such time.
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Thanks for the reply, am I correct that reservists do not fall under the UCMJ?
Hello again,
Thanks for writing back -- good to hear from you.
You are quite welcome-- my pleasure to be of service.
I will be glad to comment further -- please see below.
I have answered your question on the honor system, so I respectfully XXXXX XXXXX you click "Accept" Many thanks in advance!
QUESTION: "Thanks for the reply, am I correct that reservists do not fall under the UCMJ?"
ANSWER: Yes. You are indeed correct, and I apologize for neglecting to more directly address that point. While under the situation you have described I see no cause for concern, for the sake of accuracy I should mention that this can change. Namely, Reservists can become subject to the Uniform Code of Military Justice under certain limited circumstances. That would mean that the Reservist is classified as active duty full-time support personnel. Also, such jurisdiction can arise when a Reservist if classified as traditional part-time but is performing either a stipulated period of full-time active duty or is performing inactive duty. Wow -- that was a mouthful, so I hope it all makes sense.
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