Commander’s Analysis

courtmartialdefenselawyer328How does the commander determine what’s improper?

  1. JAs must cultivate the idea that commanders should consult with OSJA.
  2. Use common sense. “The leader must be counted on to use good judgment, experience, and discretion. . . .
  3. Keep an open mind. Don’t prejudge every male/female relationship. Relationships between males of different rank or between females of different Improper Superior-Subordinate Relationships & Fraternization (ISSRFRT) rank can be as inappropriate as male/female relations.[J]udge the results of the relationships and not the relationships themselves.DA Pam 600-35.
  4. Additional scrutiny should be given to relationships involving (1) direct command/supervisory authority, or (2) power to influence personnel or disciplinary actions.[A]uthority or influence . . . is central to any discussion of the propriety of a particular relationship.DA Pam 600-35. These relationships are most likely to generate adverse effects.
  5. Be wary that can be as damaging to morale and discipline as actual wrongdoing.