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Can a U.S. army officer serving in NATO date an enlisted…

Can a U.S. army...

Can a U.S. army officer serving in NATO date an enlisted member of a non NATO country that is serving in EUFOR?

Lawyer's Assistant: Are you overseas or stateside?

Overseas. I'm a reservist deployed to Bosnia

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

Yes. The answer is unclear when it comes to foreign militaries

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Answered in 4 minutes by:
12/15/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,947
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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By date, you mean engage in a personal, romantic, relationship?

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Customer reply replied 2 months ago
The other soldier is from Austria and has a comparable rank to OR7

And are they (the two members) serving in the same unit / activity (you say nato and non-nato...but are they units working together?

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Customer reply replied 2 months ago
I am at NATO headquarters and he is an international military police member. EUFOR has a completely different mission than NATO, but we do support eachother with information sharing and we adhere to the Berlin plus agreement
Customer reply replied 2 months ago
There is no NATO or EUFOR SOP precluding us from dating. And the Austrian army doesn't have a regulation in regards ***** *****

Got it

thanks

A few mins please...I will type an answer up

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If you take a look at the Army Regulation that applies (you can see it here: http://www.apd.army.mil/epubs/DR_pubs/DR_a/pdf/web/r600_20.pdf )

It seems clear to me that this relationship is prohibited.
Specifically, para 4-14 provides, in part (emphasis mine):

“noncommissioned officer” refers to a Soldier in the grade of corporal to command sergeant major/sergeant major. The
term “junior enlisted Soldier” refers to a Soldier in the grade of private to specialist. The provisions of this paragraph
apply to both relationships between Soldiers in the Active and Reserve Components and between Soldiers and
personnel of other military Services.
This policy is effective immediately, except where noted below, and applies to
opposite-gender relationships and same-gender relationships.

Then take a look at para 1-8

Members of foreign military services serving with the Army have equal status with Army members of equivalent
grade. When authorized by the President or the Secretary of Defense, members of foreign military service serving with
the Army may exercise operational or tactical control over Army units, but they may not exercise command over
Soldiers of the U.S. Army.

Taken together, along with Art 134, UCMJ, which provides, in part

(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.

So the Army officer CAN be prosecuted under UCMJ

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 2 months ago
Ok..thank you.

Welcome. Please take the time to accept the answer, I would truly appreciate that
phil

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