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Is it fraternization if an Army Officer is dating a Marine…

Is it fraternization if...

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.

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No I have not

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That’s about it

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Answered in 5 minutes by:
11/11/2017
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,475
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately yes, it would be fraternization according to DA Pam 600-35. The exception concerning a relationship forming outside of the military is for reserve and national guard members or relationships between active and reserve/national guard.

Two active duty members, one officer and one enlisted, may not be in a dating relationship, even across branches. That question is specifically addressed in para 2-11 of that regulation.

http://www.apd.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN3481_p600_35_WEB_FINAL.pdf

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Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,475
Experience: Lawyer and current JAG officer.
Verified
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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).

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