Legal Question in Military Law in South Carolina
Article 134
Can a enlisted person be charged with fraternization with a officer under article 134 if there is sufficient evidence of this. Would it be considered under the good order and discipline?
4 Answers from Attorneys
Re: Article 134
While the enlisted member could not be charged under 134 fraternization, the enlisted member could be charged with a violation of a general order/regulation under Article 92, assuming the regulation is punitive.
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Re: Article 134
In the Army, AR (Army Regulation) 600-20 sets forth the Command Policy regarding Fraternization. This policy is punitive and violators may be punished pursuant to Article 92, UCMJ for vioating a general regulation.
That said, the Army fraternization policy expects that the higher ranking person is in the better position to terminate the relationship. Accordingly, it would be solid grounds for a complaint if the enlisted person were punished and the officer were not. The concept of "different spanks for different ranks" is abhorrent to the ideal of justice, military or otherwise.
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Re: Article 134
Fraternization is prohibited only for officers and warrant officers under Art 134. However, your service may have a regulation prohibiting the enlisted member from having an unduly familiar relationship with an officer. If so, then violating that regulation could be charged as an orders violation under Art 92.
Re: Article 134
No, it's Article 92 for violation of an order.
However, in most circumstances the officer is the one more likely to be prosecuted with the enlisted person being a witness against the officer.
Sincerely, www.court-martial.com
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