People who enlist for the Armed Forces know that they must follow the rules outlined by the Uniform Code of Military Justice (UCMJ). Among these rules is fraternization.
What is fraternization, and what rules does the Armed Forces enforce? We’ll define fraternization in the military context and guide you on what to do if you’re accused of having an inappropriate leader-subordinate relationship.
Contents
What is Fraternization in the Military?
Mainly addressed in Article 134 or the ‘General Article’ of the UCMJ, fraternization refers to improper relationships in the military. These can be business relationships, romantic relationships, or friendships. When these relationships occur between service members of different ranks and positions, they’re prohibited because they risk undermining the chain of command.
It should be clarified that the military doesn’t ban personal relationships between those who work under the same command. They only ban relationships between enlisted members that risk compromising the chain of command, discipline, or order.
How does a relationship count as fraternization under military law? According to the UCMJ, the following five elements must be satisfied:
- The accused party is a commissioned or warrant officer.
- They fraternized with at least one enlisted personnel in a particular manner regarding military equality.
- They knew that the other parties involved were junior enlisted soldiers.
- The fraternization violated military customs that officers shouldn’t fraternize with junior enlisted personnel equally.
- Under the circumstances, the accused’s conduct was to order and discipline’s prejudice and discredits the Armed Forces.
It should also be highlighted that enlisted members can be accused of fraternization.
Why The Military Bans Fraternization
The primary reason prohibited relationships aren’t tolerated in the military is that they can affect the chain of command. Fraternization can affect discipline in the military. It can create favoritism and impact a unit’s functioning.
Another reason why personal relationships are restricted is that fraternization may compromise military secrets. Sensitive information might be shared with unauthorized individuals. This can lead to more significant issues.
Maintaining unit cohesion also matters in the military because people’s morale might be impacted. Enlisted members should be confident that their commanding officer operates from an objective perspective, and there are no favorites within the unit.
However, the military doesn’t totally ban interpersonal relationships between service members. The military encourages low-level teamwork and friendships between those with different positions and ranks. It’s a different case altogether if there develops an actual or perceived partiality that could affect military operations.
Moreover, personal relationships between enlisted members of the same rank can be formed.
Maximum Possible Punishments for Fraternization
If the fraternization is minor and didn’t impact the chain of command much, the accused will probably get a written or verbal reprimand. They may also be penalized with the following:
- A suspension from duty of 30 days
- Being confined in one’s quarters for a month or 30 straight days
- Extra duties
- Losing a half-month’s page for two months
If the situation is considered severe, it might warrant a court-martial. This process is like other court-martial cases. The accused party can get counsel, the right to defend against witnesses and evidence, and the right to appeal the decision.
The maximum punishments for fraternization include dismissal, pay and allowance forfeiture, and two-year confinement. This charge can affect one’s military career in the long run.
How to Defend Against Fraternization Charges
One’s career in the US military can be deeply impacted by military justice action. If faced with fraternization accusations, the accused party should get help from an experienced military lawyer. They could help the accused service member develop a strong defense and avoid the worst-case scenario.
In addition, the service member can review the service rules carefully to prove their innocence. Conducting due diligence can spare a warrant officer from severe punishment.
Conclusion
Fraternization can have severe consequences, but understanding one’s rights can help defend oneself from the worst possible scenario. Understanding the UCMJ is vital for any service member. Likewise, enlisted members should familiarize themselves with the Servicemembers Civil Relief Act (SCRA).
Proving one’s military status is vital in getting SCRA protections, and SCRACVS can help enlisted members maximize this federal law. Click here to sign up at SCRACVS and verify the active duty status.
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FAQs
Can enlisted personnel be charged with fraternization?
No, junior enlisted soldiers can’t get charged with fraternization because this offense is exclusively for commissioned or warrant officers. You need to be a ranking officer to be accused of this crime.
Does fraternization warrant a court-martial?
Not necessarily. It would depend on a case-by-case basis. There’s only a court-martial if the situation is severe.
What does the Air Force say about fraternization?
The Air Force considers fraternization a severe offense because it can affect an airman’s career. This crime can discredit the unit’s command.
Are there exceptions to fraternization rules?
Yes. It’s not considered fraternization if the officer and enlisted were married before entering military service. Pre-existing business relationships might also be tolerated.
How can military personnel avoid fraternization?
It would be ideal not to spend time with junior officers outside unit-sanctioned events to avoid forming prohibited relationships. Maintaining clear boundaries with other soldiers can help maintain the integrity of these officers.