Legal Question in Military Law in Florida

officer & enlisted

All hypothetical of course.

An enlisted soldier dates an officer in her battalion not in her direct chain of command (meaning he has no jurisdiction to the soldier for punishment or rewards) he PCSs' and is no longer in the chain of command. The enlisted soldier chooses to get out on a pregnancy chapter. She decides to put on the birth certificate under father as ''unknown'' later after the chapter she marries the officer the officer ''adopts'' the baby. The enlisted soldier has several possible years(3) obligated to the service. Does this situation affect anyone? should she need to put ''unknown'' if she knows? Will this hurt anyone? Although she will technically be off active duty at the time of birth, the service will still pay for her to give birth in a military facility. Does this matter if she chooses to put the father's name on the birth certificate? Any other possible issues?


Asked on 7/13/06, 3:01 pm

1 Answer from Attorneys

Re: officer & enlisted

Hypothetically, of course, legal or administrative action could be taken against the father for fraternization. The father's name on the birth certificate would be prima facie evidence of paternity which would strongly suggest that a sexual relationship existed between the two (just do the math). While the mother is in the IRR (the time still owed after her initial service), the fraternization policy should not apply.

Read more
Answered on 7/13/06, 6:36 pm


Related Questions & Answers

More Military Law questions and answers in Florida