Legal Question in Military Law in Virginia

Re: What constitutes a sham marriage?

First of all, AR 600-20, para. 4-14(c)(2), prohibits "shared living accommodations" [except for operational requirements] between and officer and enlisted, so MOST commanders would view this as a violation of the Army's fraternization policies.

Second, as Mr. Cave correctly observes, this is a classic "sham" marriage and potential BAH fraud, so you not only would be looking at the Frat charge, but quite possibly a conspiracy to commit BAH fraud, being an accomplice to larceny, and of course, Conduct Unbecoming an Officer.

It is a "sham" because you are not intending on getting married for any reasons OTHER than what are basically financial and have no intentions (per your post) of "consumating" the marriage.

You don't mention why she must live in the barracks. Is it because of her rank? If so, that's another strike in the sham marriage count.

As an Officer, the burden is on your shoulders, from both the Army's and AF's perspectives, to "do the right thing." Remember "integrity" one of the core values - don't let a friendship lead you to get involved in a fraudulent marriage scheme that could quite likely result in your being court-martialed, as well as her.

How COULD you get caught, you ask? First of all, people blow other people in all of the time when they get mad at them. Second, consider this - if you have a girlfriend and/or she has a boyfriend, if you two are "married" and either or both of you have sex with your partner, you are now committing the military crime of adultery [and in your case, more Conduct Unbecoming].

Then there are the forms - and the crimes of fraud, false official statements, etc. If you are "legally married" sooner or later, both of you will have to sign something about dependents, spouses [especially military spouses] etc. Each document falsely signed or attested to, is a separate UCMJ violation.

I hate to sound like I'm "preaching" here, but you at least are smart enough to ask, and so I'm only trying to respond. If she truly is your best friend, BE A FRIEND and do NOT do anything that will be or even be perceived as being ILLEGAL.

I'm sorry, but it is a DUMB, DUMB idea - for both of you! She may hate the Barracks, but she'll hate jail even worse!

Good luck to you both!

Don Rehkopf