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I have a friend who was recently recruited into the National

 
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  • Answered by:psimmons
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Customer Question

I have a friend who was recently recruited into the National Guard. She's had to travel via plane between cities to sign documentation regarding her enlistment. When she travels, it's for a few days at a time. Her recruiter has her stay with his best friend, who happens to be male.

She's uncomfortable with this and has had to make several trips already. I asked a recruiter friend of mine on the situation and he addressed this as an ethics violation, but could not place if it would be against any set code. My friend also said that a hotel should have been made available to her as well.

My question is this: Is her recruiter acting out of line in placing her with his best friend? I believe he has other possible intentions, which plays little into the matter. Can he get in trouble for not housing her properly? If so, what possible documentation could she use to move her point forward?

She has not addressed the issue with her recruiter, as she doesn't want to sound ungrateful. But if the situation escalates, she would like to have a professional opinion before moving forward.

Thank you.

 

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State/Country relating to question: Alaska

Submitted: 310 days and 7 hours ago.
Category: Military Law
Value: $39
Status: CLOSED
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Expert:  psimmons replied 310 days and 6 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

I agree with your Recruiter friend. This is borderline if not over the line of either illegal fraternization, a Dereliction of Duty or both. A hotel is the obvious answer to this dilemma...particularly if the female was uncomfortable with the arrangement.

To answer the question, what can your friend do? She can notify the commanding officer. The recruiter is enlisted. He will have a commander (the same commander, by the way, as your friend).

She can request to speak with the commander and can report this to him or her.

The commander can investigate and, if appropriate, prosecute the recruiter in questionpsimmons41068.1068784375

Customer replied 310 days and 6 hours ago.

Thank you for the quick response. Those are all great options, and none I believed she has considered.

But a question on the same topic, because I felt she was slightly bullied into the situation - Is the housing into a personal home even allowed?

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Expert:  psimmons replied 310 days and 6 hours ago.

There is no UCMJ provision against it...it is not patently illegal under the UCMJ (military law)

However, there MAY be a local recruiting instruction that prohibits this. She would need to request this from the commander (who would be the one to implement any local instructions)

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.9 %
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Answered: 6/8/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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Customer replied 310 days and 6 hours ago.

Thank you very much for your knowledge and insight; I'll be sure to pass the word along to her.

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Expert:  psimmons replied 310 days and 6 hours ago.

You are welcome. Best of luck to you

 
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