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All branches of the United States military maintain regulations that govern dating, and any fraternization, among both officers and enlisted soldiers.
Since 1984, improper fraternization has been recognized as a punishable offense. military also has regulations regarding marriage among officers or enlisted soldiers. Army, Navy, Air Force and Marines all have regulations in place prohibiting this activity as a kind of fraternization.
Article 134 of the Uniform Code of Military Justice makes criminal the act of adultery when certain legal criteria, known as “elements,” have all been met.
There are three distinct elements to the crime of adultery under the UCMJ: first, a Soldier must have had sexual intercourse with someone; second, the Soldier or their sexual partner was married to someone else at the time; and third, that under the circumstances, the conduct of the Soldier was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Fort Gordon, Georgia -- Almost every week at the Legal Assistance Divorce & Separation Briefing, we receive the question, “If I am legally separated and start dating, can I get in trouble in the military for adultery?
” Since the formal legal process of divorce can last months (or sometimes years), this question raises an important concern for anyone in uniform who is pending a divorce.
Dating is subject to the same scrutiny as any other form of fraternization.