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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34996
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm in the middle of a case that's going to be investigated.

Customer Question

Hello Pearl, I'm in the middle of a case that's going to be investigated for fraternization. I'm an E-5, the other party is an E-4, and I'm her boss. There has been no proof of anything going on, because we've just become close friends while deployed, but there's a pretty serious negative perspective over the situation.
JA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No.
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Is there anything else important you think the Military Lawyer should know?
Customer: People that we work directly with haven't ever said anything or had any negative input on the situation. There have only been accusations of us being somewhat intimate, as in holding hands and cuddling. I am just curious if such a hearsay based case can actually make it to captains mast, and if so, what are penalties that people have experienced. Thank you.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer where you can place your fully refundable $5 deposit (plus $13 after the Military Lawyer responds). While you're filling out that form, I'll tell the Military Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this? Would it help to chat on the phone? I can make that available for an additional $10

Customer: replied 1 year ago.
Is it typical for an E-5 to go all the way to captains mast for the perception of a relationship with an E-4 subordinate? This is in the Navy, and I feel that it's important to mention that I have no way of improving her career. I know that is part of the fraternization instruction. But I don't write her Evals, I don't get her schools or orders, I'm not an instructor, I am one rank above but not her LPO.
Expert:  P. Simmons replied 1 year ago.

That does not sound like a violation of the regulation. That is, you are both petty officers...if you are not in the same rating chain, and not her supervisor? I would argue it is not...and consider refusing Mast (if you are not on a ship)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.