Legal Question in Military Law in North Carolina

What would constitute Fraternization?

My wife and I are seperated since may and we have 4 children, and she is a TAR at a reserve center. I recently found out that she had been having a personal relationship with a LCDR who was an unit OIC since june throuhg cell phone conversations and email conversations. He recently moved to VA and is still awaiting tranfer to a VA Reserve Center. I recently came across and email from her to her stepmom, about a new and exciting relationship and strong feelings for him since june. It also tells of how they both had a mutual attraction to one another. It also states that they want to stay on this level and see what happens. My wife stated that she mostly starts the phone and email conversations. I am wondering if this constitutes fraternization, and who is at fault. I had been trying to work out the relationship with my wife and could not understand why she did not want to try and reconcile, until I found out this information. Could both of them be held accountable? Please advise.

Thanks


Asked on 12/09/04, 10:32 am

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: What would constitute Fraternization?

Fraternization is the concept of an officer or warrant officer associating with an enlisted service member on terms of military equality in a way that compromises the chain of command. The officer is the one who is held accountable. It is an officer or warrant officer offense only. However, some service regulations also prohibit such activity between enlisted members of different ranks within the same chain of command, but a violation would depend on the circumstances.

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Answered on 12/09/04, 10:56 am


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