Legal Question in Military Law in Missouri

Marriage between ARNG Officer and AR Enlisted

I am an Army National Guard Officer and having been dating a Reserve Enlisted Soldier for the last two years. We understand that is okay since the nature of our relationship stems from a civilian accquance. We recently got married and now have the question of ''Is this legal or should one of us get out?'' We have read the reg backward and forward and nowhere in the regulation does it make reference to marriage. It does in AR 600-20, paragraph 4-14c(2)(D) say that we are covered for dating under the Reserve exception, but again it doesn't mention marriage. Please let us know what step is next, do I turn in my marriage license or my letter of resignation? Thanks.


Asked on 7/12/04, 12:04 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Marriage between ARNG Officer and AR Enlisted

I believe you should probably disclose the existence of your marriage to your ARNG commander and ask the ARNG what you should do. Your marriage is a matter of public record, and you could not and should not hide it from the military.

I believe that a regulation that forbids marriage between enlisted personnel and officers would be an unconstitutional intrusion into the personal lives of soldiers. Regulations are meant to preclude officers or senior enlisted from using their supervisory powers to enter a one-sided dating relationship. Once a relationship has progressed to marriage, particularly when that relationship is founded outside the guard, I believe the only way the problem can be dealt with is to ensure that both the officer and the enlisted personnel are not within or subject to the same chain of command.

If I were you, I would consult JAG for an opinion on this issue ASAP.

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Answered on 7/12/04, 9:46 am


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