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Can an army officer date a Navy enlisted person? Hawaii. AR

Can an army officer date...
Can an army officer date a Navy enlisted person?
JA: Are you overseas or stateside?
Customer: Hawaii. AR 600-20, section 4-14 talks about prohibited relationships between officers and "soldiers" but does not discuss across services.
JA: Have you talked to anyone in the chain of command about this?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: They are in totally different job fields
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Answered in 8 minutes by:
5/16/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,478
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Can you tell me, is this a case between reservists? Or is one or more on active duty?

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Customer reply replied 7 months ago
both are active duty

Thanks

That makes it easy. For the officer, anyways, regardless of service regulations, Art 134, UCMJ clearly makes such a relationship a crime. Here are the elements of Art 134, fraternization

(1) That the accused was a commissioned or warrant officer;

(2) That the accused fraternized on terms of military equality with one or more certain enlisted member(s) in a certain manner;

(3) That the accused then knew the person(s) to be (an) enlisted member(s);

(4) That such fraternization violated the custom of the accused’s service that officers shall not fraternize with enlisted members on terms of military equality; and

(5) That, 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.

As you can see, there is no waiver or exemption given for different services.

SO if there is such a relationship? The officer can face criminal processing under Art 134, UCMJ

For the enlisted member? The Navy regulation that applies prohibits personal relationships between officers and enlisted personnel that are unduly familiar and do not respect the differences in grade or rank...it does not give an exemption for different services.

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.

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Customer reply replied 7 months ago
thank you very much
Customer reply replied 7 months ago
no more questions. Have a good night.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,478
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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