Military Fraternization

Fraternization is a crime under the Uniform Code of Military Justice, specifically Article 134, UCMJ. In order for fraternization to be actionable, "the conduct of the accused [must be such to] prejudice the good order and discipline in the armed forces or be of a nature to bring discredit upon the armed forces." Thus not every social contact between an officer and an enlisted person is fraternization, especially if the contact does not disrupt the military mission or compromise morale or discipline.

In current times, the rule against fraternization is usually applied only where the relationship between an officer and the enlisted member is or appears to be unprofessional. The way that professional and unprofessional is defined can be totally different from place to place and from unit to unit. There need not be any link between the persons in the chain of command. If the fraternal relationship disrupts a unit's mission or causes people to lower morale, the relationship can be illegal.

When you serve in a reserve capacity, you fall under the UCMJ anytime you are attending training, drill, or when you serve on active duty as a mobilized reservist. There is no defense just because of your status as a reservist.

In my experience, when fraternization exists without any other offense, the persons involved usually just receive counseling and or are ordered to not associate any more. But when fraternization also includes adultery (i.e. when one or both of the parties is married) or if the relationship continues after being warned (violation of an order perhaps) then the persons involved might face a court-martial. Also, both parties share equally in the crime. There is no defense to the enlisted half unless the enlisted person was coerced into continuing the relationship, which rarely happens.