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If an officer and NCO in separate units within the national…

Hi! If an officer...

Hi! If an officer and NCO in separate units within the national guard were to get married, could they get in trouble for fraternization?

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

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

No thank you :)

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Answered in 18 minutes by:
12/21/2017
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,987
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for your question. Are you both active Guard? ANG?

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Customer reply replied 8 months ago
I'm only national guard, once a month. He is active guard.

Thank you for that clarification. Normally, the prohibition against fraternization between office and enlisted is without exception in terms of units. In other words, it is an absolute bar to have a relationship between and Office and Enlisted of any service regardless of units. However, in the case of Reserves or NG who are not in an active status, then the rule is that if they can establish that their relationship either predated their military service or came about completely separate from military service (for example, they met at church or at a civilian job).

Although getting married is not direct evidence of fraternization, it certainly would be close to impossible to get married without first dating (fraternizing.) All that said, some Commands are not as aggressive with military justice issues as others and the Command would have to have proof that you dated, not just that you are married. You both would have to judge that yourselves based on what you know about your units. Here is a link to the DA PAM 600-35, which applies to NG as well as active soldiers: https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN3481_p600_35_WEB_FINAL.pdf

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this message and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 8 months ago
Thank you :) this answered my question.

You're very welcome.

Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,987
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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