Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

I am Army Enlisted IRR and I am dating a Marine Active Duty

Officer. We met as...
I am Army Enlisted IRR and I am dating a Marine Active Duty Officer. We met as civilians through mutual friends but are concerned about the fraternization policy. The Marine Policy is unclear about the Reserves and IRR while the Army policy states the relationship is ok. Since he is the active duty individual we are more concerned with the Marine policy. Can you provide some guidance. Thank you.
Show More
Show Less
Ask Your Own Military Law Question
Answered in 16 minutes by:
6/18/2013
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,696
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Thanks for the chance to help. I am an attorney with over 12 years military law experience.


I agree with you, the Marine Corps policy is broad. But I do not believe it is unclear.

I can also tell you (from my personal experience) that most Marine Corps officers tend to view potential fraternization. Basically, if it could be fraternization, it is for most Marine officers.

Not to say that they are always correct.

My point is that most Marines, particularly Marine officers will view any relationship between an officer and an enlisted service member as fraternization.

Period.

Here is the Marine Corps policy

Personal relationships between officer and enlisted members that are unduly familiar and that do not
respect differences in grade or rank constitute fraternization and are prohibited.

That is pretty darn clear.

Unlike the Army, where they allow exceptions (like, for example, between active duty and reservists) the Marine policy includes everyone.

And this is consistent with the general opinion of most Marine officers that if it looks like fraternization, it is.

Now...there is one potential "loophole"

You mention IRR.

If you are truly in the IRR, then I do not see a problem.

The Marine Corps policy make the relationship criminal if they are between an officer and enlisted. Technically, a member in the IRR is not subject to the UCMJ (unlike reservists that are subject to UCMJ during periods of drill).

So if you remain IRR? Then this is a non issue

If you ever activate, you would need to end the relationship. Immediately. Or risk the Marine Officer's career


Let me know if you have more questions...happy to help if I can







P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,696
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Can you provide me with the regulation that states IRR are not subject to UCMJ so can have it as a reference.


 


Thank you

There is not one...it would be a legal argument

The reference is the Marine Corps Manual 1100.4 (which contains the Marine Corps policy. It is the one I pasted).

See also OPNAVINST 5370.2C (the current policy that applies to Navy including Marines). The language is the same.

Again, unlike the Army where they have exceptions, there are no exceptions to this policy.

But legally a soldier in the IRR is not subject to the UCMJ

This comes from Art 3 UCMJ. So if you are looking for a reference, that would be it.

While the soldier in the IRR is subject to recall, they are not otherwise subject to military authority. For example a soldier in the IRR, who lives in a state that allows medical marijuana, could use it if licensed to do so. The same would not be true for a reservist or an active duty soldier.

Fraternization is a "2 party crime"...you need to have both sides. If one side is not subject to the UCMJ, you do not have fraternization.



Ask Your Own Military Law Question
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,696
35,696 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

35,696 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I am an ex-spouse of a retired army soldier, we were married
Hi, I am an ex-spouse of a retired army soldier, we were married in 1980 and divorced in 1997, the last time we were together we were stationed at Aberdeen Proving Ground living on post. We had a host… read more
Thelawman2
Thelawman2
Doctoral Degree
1,298 satisfied customers
Husband officer in the Army commited adultery He retired
Husband officer in the Army commited adultery He retired couple months ago. I have all evidence can he still be charged with UCMJ … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I am a SGT in the Army Reserves and have been denied
I am a SGT in the Army Reserves and have been denied promotion do to my age. i am 59 and have 22 months of service remaining. i am also deployable. is there any I can do to fix this. … read more
P. Simmons
P. Simmons
Military Lawyer
35,696 satisfied customers
Army Soldier Active Duty on leave with a 5-10% collapsed
Army Soldier Active Duty on leave with a 5-10% collapsed lung. Can't fly. Was hospitalized. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I am a veteran of the National Guard and Army reserves
I am a veteran of the National Guard and Army reserves during the late during the period … read more
P. Simmons
P. Simmons
Military Lawyer
35,696 satisfied customers
I'd like to talk to Mr. about leaving the Navy Reserves and
Hello, I'd like to talk to Mr. Simmons about leaving the Navy Reserves and what my options might be (if any). … read more
P. Simmons
P. Simmons
Military Lawyer
35,696 satisfied customers
My husband is active army reserve and has just plead guilty
My husband is active army reserve and has just plead guilty to a third degree indictment charge. He was sentenced 3 years probation and is telling everyone that he is allowed to stay active in the arm… read more
P. Simmons
P. Simmons
Military Lawyer
35,696 satisfied customers
I spent 20 years in the Army Reserves. I went from active
I spent 20 years in the Army Reserves. I went from active reserve duty to retired reserve on orders and then finally to retired status on orders. I did not have 90 days consecutive active duty so I do… read more
P. Simmons
P. Simmons
Military Lawyer
35,696 satisfied customers
Can a U.S. army officer serving in NATO date an enlisted
Can a U.S. army officer serving in NATO date an enlisted member of a non NATO country that is serving in EUFOR? … read more
P. Simmons
P. Simmons
Military Lawyer
35,696 satisfied customers
I am a us army reserve soldier. I enlisted in 2013 when I
I am a us army reserve soldier. I enlisted in 2013 when I had a permant residency in the United States. A few months ago I received information that I was being processed out of the military and maybe… read more
P. Simmons
P. Simmons
Military Lawyer
35,696 satisfied customers
Is it fraternization if an Army Officer is dating a Marine
Is it fraternization if an Army Officer is dating a Marine Emlisted SNCO? Never served together or anything. Relationship formed outside of military and no chance of ever working together. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
CAn an army soldier accept a gift from another country? Do
CAn an army soldier accept a gift from another country? Do they have to report it on their taxes? Do they pay taxes? … read more
P. Simmons
P. Simmons
Military Lawyer
35,696 satisfied customers
The army conduct hiv test every year for soldier. If one
The army conduct hiv test every year for soldier. If one soldier pop up positive, would kick you out or at least alert you that you are positive. Or they let it be?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I'm wondering if an officer in the Navy can date an enlisted
Hey! I'm wondering if an officer in the Navy can date an enlisted person in the Coat Guard. … read more
P. Simmons
P. Simmons
Military Lawyer
35,696 satisfied customers
I'm in the marine corps reserves. I'm trying to attend
I'm in the marine corps reserves. I'm trying to attend college and I was wondering what the website is that I go to so I can be able to receive money for attending school.… read more
Thelawman2
Thelawman2
Doctoral Degree
1,298 satisfied customers
I was an officer in army reserves for about 12 years. do I
I was an officer in army reserves for about 12 years. do I have any veteran discounts or veteran status? I have a honorable discharge and have the U.S army meritorious medal. … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I am an Army Reserve Officer and I was given bad advice from
I am an Army Reserve Officer and I was given bad advice from HRC which is leading forcing me to go into the Retired Reserves and a loss of my GI Bill benefits. I can go into further details if there i… read more
P. Simmons
P. Simmons
Military Lawyer
35,696 satisfied customers
Can an army officer date a Navy enlisted person? Hawaii. AR
Hawaii. AR 600-20, section 4-14 talks about prohibited relationships between officers and "soldiers" but does not discuss across services. … read more
P. Simmons
P. Simmons
Military Lawyer
35,696 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x