The Current Army Policy

  1. courtmartialdefenselawyer337Now a Part Analysis:
    1. Part 1: Is this astrictly prohibitedcategory?
    2. Part 2: If not, are there any adverse effects?
    3. Part 3: If not “strictly prohibited” and there are no adverse effects, then the relationship is not prohibited.
  2. Para 4-14: Relationships between military members of different rank. a. Officerincludes commissioned and warrant officers. b. Applies to relationships between Soldiers, and between Soldiers and members of other services. c. Is gender-neutral. d. (THIS IS PARA 4-14b.) The following relationships between Soldiers ofare prohibited:
    1. Relationships that compromise or appear to compromise the integrity of supervisory authority or the chain of command;
    2. Relationships that cause actual or perceived partiality or unfairness;
    3. Relationships that involve or appear to involve the improper use or rank or position for personal gain;
    4. Relationships that are, or are perceived to be, exploitative or coercive in nature; and Improper Superior-Subordinate Relationships & Fraternization (ISSRFRT)
    5. Relationships that cause an actual or clearly predictable adverse impact on discipline, authority, morale, or the ability of the command to accomplish its mission. NOTE: Subparagraphs (1) and (4) are new additions to the three adverse effects looked for under the old policy’s analysis. e. (THIS IS PARA 4-14c.) Certain types of personal relationships between personnel are prohibited. Prohibited relationships include:
      1. Ongoing business relationships (including borrowing or lending money, commercial solicitations and any other on-going financial or business relationships),: (a) Landlord / tenant; and (b) One time transactions (such as car or home sales). (c) All ongoing business relationships existing on the effective date of this prohibition, that were otherwise in compliance with the former policy, were not prohibited until 1 Mar 00 (“grace period”). (d) This prohibition does not apply to USAR / ARNG Soldiers when the ongoing business relationship is due to the Soldiers’ civilian occupation or employment.
      2. Personal relationships, such as dating, shared living accommodations (other than as directed by operational requirements), and intimate or sexual relationships. (a) This prohibition does not affect marriages (change as of 13 May 2002) (b) Otherwise prohibited relationships (dating, shared living accommodations [other than directed by operational requirements] and intimate or sexual relationships), existing on the effective date of this prohibition, that were not prohibited under prior policy, were not prohibited until 1 Mar 00. (c) Relationships otherwise in compliance with this policy are prohibited under this policy solely because of the change in status of one party to the relationship (such as commissioning). The couple does have one year to either terminate the relationship or marry within one year of the actualof the program or before the change in status occurs, whichever is later. (d) Reserve Component (RC)/RC exclusion when the personal relationship is primarily due to civilian acquaintanceship, unless on active duty (AD) or full- time National Guard duty (FTNGD) other than annual training (AT). Improper Superior-Subordinate Relationships & Fraternization (ISSRFRT) (e) AD/RC exclusion when the personal relationship is primarily due to civilian association, unless on AD or FTNGD other than AT.
      3. Gambling. NO EXCEPTIONS. (a) An NCAA basketball pool with a monetary buy-in is prohibited when there is a mix of officer and enlisted personnel participants. There is no prohibition against gambling between officers. (b) An NCAA bracket competition with a certificate or trophy to the winner even with officer and enlisted personnel participants is permissible. (c) Remember the Joint Ethics Regulation (JER), § 2-302 also addresses gambling. While it may not be prohibited under AR 600-20, it may violate the JER.
      4. These prohibitions are not intended to preclude normal team- building associations between Soldiers, which occur in the context of activities such as community organizations, religious activities, family gatherings, unit social functions or athletic teams or events.
      5. All Soldiers bear responsibility for maintaining appropriate relationships between military members. The senior military member is usually in the best position to terminate or limit relationships that may be in violation of this paragraph, but all Soldiers involved may be held accountable for relationships in violation of this paragraph.
    6. Para 4-15: Other Prohibited Relationships. a. Trainee / Soldier. Any relationship between IET trainees and permanent party Soldiers (not defined) not required by the training mission is prohibited. This prohibition applies regardless of the unit of assignment of either the permanent party Soldier or the trainee. b. Recruit / Recruiter. Any relationship between a permanent party Soldier assigned or attached to USAREC, and potential prospects, applicants, members of the Delayed Entry Program or members of the Delayed Training Program, not required by the recruiting mission, is prohibited. The prohibition applies regardless of the unit of assignment or attachment of the parties involved.
    7. Para 4-16: Paragraphs 4-14b. 4-14c and 4-15 are punitive. Violations can be punished as violations of Article 92, UCMJ.

Army Policy

Para 4-15: