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Unfortunately, there were a couple of problems using the UCMJ/MCM as a basis of charges.
First and foremost, the UCMJ/MCM only makes fraternization a crime for commissioned and warrant officers.
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. Regulations, directives, and orders may also govern conduct between officer and enlisted personnel on both a service-wide and a local basis.
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice.
I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.
Article 91 makes it a crime to WILLFULLY disobey a superior Noncommissioned or Warrant Officer.
Article 92 makes it a crime to disobey any lawful order (the disobedience does not have to be "willful" under this article).
In July 1998, Defense Secretary William Cohen directed the services to "adopt uniform, clear and readily understandable" fraternization policies.
Cohen stated that the current separate policies were "corrosive to morale particularly as we move toward an increasingly joint environment." The services submitted policy changes to Cohen that he approved Feb. All of the new policies have been implemented in the respective service regulations.
According to the MCM, the "elements of proof" for the offense of fraternization are: The MCM goes on to offer further explanation of the offense: In general.