Fraternization or Improper Sexual Conduct

Facing allegations of Inappropriate Relationship or Military Fraternization?

Make sure that you get the right help from a Military Fraternization Defense Attorney, in San Diego or Worldwide, built to support your needs. Military Law Center will aggressively advise and defend your legal rights.

While every branch of the military has its own policy prohibiting Fraternization, the general theory for prohibiting Fraternization is the same – to avoid unfair treatment or the appearance of unfair treatment between seniors and subordinates. Fraternization invariably raises the perception of favoritism or misuse of position and erodes morale, discipline, and unit cohesion.

Initially, fraternization in the military was prosecuted under UCMJ Articles 133 and 134 and focused on cases involving officers who were fraternizing with enlisted members. In 1984 Fraternization was added to the Manual for Courts-Martial (MCM) as a standalone offense under UCMJ Article 134. While the Fraternization offense listed in the MCM prohibits officers from fraternizing with enlisted persons on terms of military equality, the drafters of the MCM indicated that there was no intent to preclude the prosecution of senior enlisted members who fraternize with subordinate enlisted members or the prosecution of senior officers who fraternize with junior officers. As a result, military courts have recognized that conduct between senior enlisted members and junior enlisted members, as well as conduct between senior officers and junior officers, could be an Article 134 offense. So, while the Fraternization offense under UCMJ Article 134, by its terms, limits its application to officers and warrant officers, the elements of fraternization are equally applicable to cases involving senior and junior enlisted members and senior and junior officers.

ELEMENTS:

• That, on ( state the date alleged), the accused was a (commissioned) (warrant) (noncommissioned) officer;
• That (state the time and place alleged), the accused fraternized on terms of military equality with (state the name(s) of the junior officer(s) or enlisted member(s) alleged) by ( state the manner in which the fraternization is alleged to have occurred);
• That the accused then knew (state the name(s) of the enlisted member(s) alleged) to be (an) enlisted member(s);
• That such fraternization violated the custom of the (Navy) (Army) (Marine Corps) (Air Force) (Coast Guard) that (officers) (noncommissioned officers) shall not fraternize with enlisted members on terms of military equality; and
• That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (or) (of a nature to bring discredit upon the armed forces).

DEFINITIONS AND OTHER INSTRUCTIONS:

(“Conduct prejudicial to good order and discipline” is conduct which causes a reasonably direct and obvious injury to good order and discipline.)

(“Service discrediting conduct” is conduct which tends to harm the reputation of the service or lower it in public esteem.)

Not all contact or association between (officers) (noncommissioned officers) and enlisted persons is an offense. Whether the contact or association in question is an offense depends on the surrounding circumstances. Factors that you should consider include whether the conduct has compromised the chain of command, resulted in the appearance of partiality, or otherwise undermined good order, discipline, authority, or morale. The facts and circumstances must be such as to lead a reasonable person experienced in the problems of military leadership to conclude that good order and discipline in the armed forces have been prejudiced by the tendency of the accused’s conduct to compromise the respect of enlisted persons for the professionalism, integrity, and obligations of (an officer) (a noncommissioned officer).

Fraternization Allegations?
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The Military Law Center is here to aggressively investigate, advise and defend you against any allegation made against you in whatever forum you may be find yourself in. Whether you are facing military or civilian criminal allegations, in a military court, military administrative hearing, or a civilian court, for allegations on or off a military installation, that may jeopardize your career and/or your military benefits, it’s never too late to retain an experienced Civilian Military Attorney. Contact us right now.

Make sure that you get the right help from a Military Defense Attorney, in San Diego or Worldwide, built to support your needs. Military Law Center Is Ready to Help You – Right Now. Military Law Center will aggressively advise and defend you –

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Military Law Center Is Ready to Help You – Right Now.

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