Is it fraternization when an officer and enlisted Soldier in the Army take a vacation trip together on leave?

Answer 1

Yes, it can be.
Read the article on about.com: http://usmilitary.about.com/od/justicelawlegislation/a/fraternization.htm
"Fraternization is a violation of the Uniform Code of Military Justice (UCMJ). It falls under a subparagraph of Article 134."

The question is what you and that officer do while on leave and what your relationship is. If your relationship is one that is considered "a violation of the custom of the armed forces against fraternization." Then it is fraternization, and that is so lose that it can cover almost anything having to do with any relationship between an officer and enlisted man.

If you are married or related to the officer then that would not violate the code. If you have a business relationship with the officer outside of the military, like you are partners in a company than that does not violate the code (provided you are not on active duty, in which case it would be a violation).

The relationship you are talking about seems to be outside of any business relationship so it sounds like you are just socializing or something more.

Of course what the military doesn't know... I know of a case where an officer married an enlisted man. The military was forces to accept the act, but until that point any relationship they had would have been fraternization. Once married though they did not seem to suffer any punishment. They were required to be in separate military units so the officer would not command the enlisted spouse, but their marriage was honored and they lived together.

The problem is that the wording of the regulation isn't tight and it relies on the fraternization policy of each command (post, ship, station etc.) Article 134 is a general catch all article that picks up anything not covered the other articles.

The officer's code isn't tight either; an officer can be charged with Conduct Unbecoming An Officer (Article 133). This category can be used to cover anything that a higher officer wants to cover. If the officer's commanding officer considered the trip to be fraternization then it is either a case of fraternization (Article 134) or a case of Conduct Unbecoming An Officer (Article 133). In this case that officer could be forced to appear in court and be tried under the UCMJ (Uniform Code of Military Justice).

Here is the text of the articles: http://www.au.af.mil/au/awc/awcgate/ucmj2.htm#934.%20ART.%20134.%20GENERAL%20ARTICLE
“933. ART. 133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
934. ART. 134. GENERAL ARTICLE
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.”

Like I said it is so vague and general that it can be used to cover anything. My advice is to NOT GET CAUGHT doing it. If there is anyway in which the military can find out about that relationship then the officer’s career can be put into danger.

Answer 2

It depends. As long as the officer and soldier are not in the same chain of command. If the officer is not in the soldiers chain of command then it could be permissible. There are numerous officers that are married to enlisted soldiers, It's not recommended by the military powers that be, yet there are those who do fall in love, and its permitted if they are not directly linked in a chain of command.

Answer 3

As long as there not not in your chain of command or in charge of you. I know lots of officers and enlisted couples, basically keep it on the down low and dont tell people you work with, you know how the army is, they eat problems up cuase it makes "them feel better" so be carefull.

Answer 4

It is fraternization and could help the Officer to become a private.

Answer 5

some of these people gave you in correct responses. whether this officer is in your chain of command or not, whether he is in your unit, battalion, or higher HQ or not! it is still wrong! and if this officer is willing to risk his career and yours does not say much about himself or you except that he does not care for you as a person. if so he would not want to see you reduced in rank, on extra duty and about to get booted out for bad conduct! most like he would keep his rank but his chain of command would make sure he would be no good in the army by not getting promoted. he may as well be nothing then. so is it worth120 seconds of pleasure? hell no!

Answer 6

Its frowned upon. I could never do that with my LT.

Answer 7

yes of course it is

Answer 8

YES

Answer 9

DEFINITELY!