Legal Question in Military Law in Mississippi

Officer Enlisted Fraternization Question

Hypothetical: Officer dating an enlisted. No one knows about the relationship. Officer gets pregnant, and currently they are unmarried. What will happen to officer if they get married unannounced and continue relationship as married couple? There is no paper trail of relationship. Advise as to what they should do about marraige. They are committed and want to marry asap.


Asked on 2/09/04, 3:08 pm

2 Answers from Attorneys

Philip D. Cave Military Law & Justice

Re: Officer Enlisted Fraternization Question

Marriage does not prohibit UCMJ action for past actions, nor would it prohibit adverse administrative actions on OER/FitRep (for both of you). The commander/CO reaction may differ depending on whether or not you are "liked" and whether or not you are in each other's chain of command.

If they are living in the same house-hold there is also a potential problem of BAH entitlements past, present, and future. Remember the block you checked about BAH and living in the same house as another military member receiving BAH?

Sincerely -- www.court-martial.com

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Answered on 2/09/04, 3:18 pm
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Officer Enlisted Fraternization Question

If this is fraternization, it should stop immediately while you consider the options. When I last looked into such matters, the parties could be disciplined if they were caught before they married. However, I marriage does not give sanctuary from prosecution for fraternization. It would then be a question about whether the service desires to pursue the matter, and each service may have a different policy about how vigerously they would pursue it. Another thing to consider is the possibility of the enlisted member temporarily separating from the service and then re-entering after the marriage. Alternatively, a permanent separation from the service may be the best course of action. You need to talk with the Area Defense Counsel as soon as possible to better learn about your risks.

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Answered on 2/09/04, 3:34 pm


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