Legal Question in Military Law in California

Prior Service relationship

Can a prior enlisted soldier marry a commissioned officer if they had previously been in the same unit when they were both active duty? She is out of the military and has met up with him again outside of the Military but he is still an AD Officer. It has been 3 months since she was released from service.


Asked on 11/23/05, 8:09 am

2 Answers from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Prior Service relationship

No problem whatsoever. Any civilian can marry any soldier (of the opposite gender) without concern. You could have been out of the service for one day and it wouldn't matter. Prior unit in the Army is irrelevant. The only exception is that if there was some evidence of an illicit relationship while you were on active duty, you getting married one day after you separate could be used as circumstantial evidence of the offense of fraternization during your enlistment.

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Answered on 11/23/05, 9:59 am
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Prior Service relationship

If you are not in the active reserves there should not be a problem. I suppose there is a slight issue if you are still in the IRR and subject to recall. If you were recalled to active duty, that might become an issue at that time. But so long as you are not currently on active duty, you should be able to see the officer on active duty, and any relationship would be beyond the reach of military authorities.

Good luck, and I hope it works out for you.

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Answered on 11/23/05, 10:25 am


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