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My daughters boyfriend was formally charged with fraternization and she is under investigation.

Vista, CA |
Filed under: Military law

The boyfriend is an E6 in the Navy. She is an E4. She is 5 months pregnant with his child. He was formally charged a few days ago. She is supposed to go to Captains Mast for her punishment. I'm concerned for her and the baby.

Attorney Answers 3

Posted

Normally fraternization becomes a big issue when there is a difference in rank, the senior is also a supervisor of the junior, and there is some impression of an adverse impact, such as a perception of favoritism.
If she is punished at NJP, then it is possible this will have an adverse impact on her career, and possibly be a reason the Navy will try and administratively discharge her.
Normally it is difficult to prosecute if the two persons involved do not confess and there is no other evidence. Here however it appears there is likely evidence.
If she is discharged then she will lose Tricare and similar benefits for the prenatal care, etc. So yes that's a potential consequence.
If she's medical at Camp Pendleton, it's possible the CO of the hospital might be lenient on her. Maybe not.
She should talk with one of the lawyers at the LSSS on base. If she's at San Diego then she can go to the Navy DSO which provides free legal counsel for situations like this.
Obviously neither of them should make any (or anymore) statements.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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6 comments

Asker

Posted

They are seeing a civilian attorney tomorrow but they cannot afford $15-$20k. It's likely that they will just go to NJP and take their punishment. Either way its bad.

Philip Douglas Cave

Philip Douglas Cave

Posted

Huh? Have them call me. I give free consultations and fees are reasonable. This is a case of fraternization?

Asker

Posted

Yes....both were read their rights and the charge is fraternization.

Philip Douglas Cave

Philip Douglas Cave

Posted

Have them email me or call in AM.

Asker

Posted

Thank you so much for your help Philip. Everything turned out good and its over.

Philip Douglas Cave

Philip Douglas Cave

Posted

I'm glad to hear that. This is the first time we've had this feedback when we've tried to answer peoples questions. Good luck to them both!!!

Posted

Mr. Cave's advice is spot on. They both need to refuse to make any statements, and go to base legal or contact a military attorney immediately.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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Posted

Agree with Mr. Cave. The boyfriend is going to get in more trouble because he is of the higher rank, but she will likely get Captian's Mast for punishment. I just did a case just like this on the east coast between Marines. They are married now. If you would like a free consultation, please read my Avvo profile, and call when you are ready to talk.

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1 comment

John Daniel Hafemann

John Daniel Hafemann

Posted

Mr. Healy's advice is spot on. Best of luck.

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