Manual of the Courts Martial
Uniform Code of Military Justice
Article 134—(Fraternization)
Elements.
(1) That the accused was a commissioned or warrant
officer;
(2) That the accused fraternized on terms of military
equality with one or more certain enlisted member(
s) in a certain manner;
(3) That the accused then knew the person(s) to
be (an) enlisted member(s);
(4) That such fraternization violated the custom
of the accusedÂ’s service that officers shall not fraternize
with enlisted members on terms of military
equality; and
(5) That, under the circumstances, the conduct of
the accused 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.
c. Explanation.
(1) In general. The gist of this offense is a viola-
tion of the custom of the armed forces against fratern
ization. Not all contact or association between
officers and enlisted persons is an offense. Whether
the contact or association in question is an offense
depends on the surrounding circumstances. Factors
to be considered include whether the conduct has
compromised the chain of command, resulted in the
appearance of partiality, or otherwise undermined
good order, discipline, authority, or morale. The acts
and circumstances must be such as to lead a reasonable
person experienced in the problems of military
leadership to conclude that the good order and discipline
of the armed forces has been prejudiced by
their tendency to compromise the respect of enlisted
persons for the professionalism, integrity, and obligations
of an officer.
(2) Regulations. Regulations, directives, and orders
may also govern conduct between officer and
enlisted personnel on both a service-wide and a local
basis. Relationships between enlisted persons of different
ranks, or between officers of different ranks
may be similarly covered. Violations of such regulations,
directives, or orders may be punishable under
Article 92. See paragraph 16.
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