Can two people in the same unit date each other? Stateside

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Customer: Can two people in the same unit date each other?
JA: Are you overseas or stateside?
Customer: stateside
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by Christopher Boyer, E in 5 mins 7 months ago
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Christopher Boyer, E
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Christopher Boyer, E
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71326 Satisfied customers
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10+ years of experience
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Christopher Boyer, E
10+ years of experience
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71326 Satisfied customers

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Jessica

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Christopher Boyer, E, Expert

Hello, this is Chris, and I will be helping you with your question today. I am an attorney with over 20 years of experience with social security and other areas of law and tax, and I hope my experience will lead me to provide you with a full and complete answer. Please understand that this site is for informational purposes only and by me answering your question, it does not create an attorney-client relationship. Thank you for using justanswer and thank you for your question. How are you doing this fine day?

Customer
I'm good how are you?
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Christopher Boyer, E, Expert

Great, I am glad to hear that.  I am doing well, thank you for asking.  I do have some follow up questions to give you a more detailed response. I want to ensure that you are satisfied and therefore, I need to understand your question fully. Are there any other relevant facts that you need to give me?

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Christopher Boyer, E, Expert

Is this person of same or similar rank and not in your chain of command?

Customer
We are part of the same shop but in different sections. We are one rank apart. Both NCOs.
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Christopher Boyer, E, Expert

Is there anything else you would like to add before I draft and research an answer for you?

Customer
I don’t think so.
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Christopher Boyer, E, Expert

Give me just a moment to review your question and I will quickly draft an answer for you. Thank you for your patience.

Customer
Thank you!
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Christopher Boyer, E, Expert

I understand you are concerned about dating someone in your unit. Let me see if I can help. In the military, officers and members of enlisted ranks are prohibited from having certain personal interactions outside of their professional duties and orders. Fraternization between service members of different grades, between trainees and enlisted members, and between recruiters and recruits is also prohibited.  The act of fraternizing becomes a criminal offense under Article 134 when the conduct “has compromised the chain of command, resulted in the appearance of partiality, or otherwise undermined good order, discipline, authority, or morale.”  Since you are of similar rank and not in each other's chain of command, you are allowed to have this relationship without it being prohibited by the military.  I hope this helps.

If you have any follow up questions, please reply here and I’ll be happy to assist you.

Customer
Is there an order that I can pull up to help me justify myself if needed?
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Christopher Boyer, E, Expert

I quoted you the language from article 134.  You can date someone 2 ranks above or below.  You are only 1 rank in difference.  Here is a good article on all branches of the military and the rules:  https://www.ucmjlaw.com/courts-martial/military-crimes/fraternization/

Customer
Gotcha. And what if one of those parties used to be in their chain of command but no longer are?
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Christopher Boyer, E, Expert

That is getting dicey and you may speak with your chain of command to confirm if it is acceptable.  You might think of avoiding this relationship and it may depend on your commanding officer as to if this is acceptable or not.

Customer
Would asking my commanding officer be an admittance of guilt?
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Christopher Boyer, E, Expert

You do not have to ask stating that it has happened.  If it has then it may be best to end the relationship.  You are probably ok if this person is not in your chain of command but it may be difficult to prove when this relationship started.  It would be safest to stop the relationship.  

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Christopher Boyer, E, Expert

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favorite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish, again my name is @Christopher B, Esq.

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