A POSITION OF COMMAND OR SUPERVISION OVER THE SUBORDINATE) "GIVES THE
APPEARANCE OF PARTIALITY AND UNDERMINES DISCIPLINE, AUTHORITY, AND
MORALE." IT CONCLUDED:
"WHERE IT IS SHOWN THAT THE ACTS AND CIRCUMSTANCES ARE SUCH AS TO LEAD A
REASONABLY PRUDENT PERSON, EXPERIENCED IN THE PROBLEMS OF MILITARY
LEADERSHIP, TO CONCLUDE THAT THE GOOD ORDER AND DISCIPLINE OF THE ARMED
FORCES HAS BEEN PREJUDICED BY THE COMPROMISING OF (ONE) PERSON'S RESPECT
FOR THE INTEGRITY AND GENTLEMANLY OBLIGATION OF AN OFFICER, THERE HAS BEEN
AN OFFENSE." U.S. V. CALLOWAY. 21 MJ 770 (ACMR 1986).
c. Relationships with students and trainees.
These relationships
are
stringently regulated, due to the dangers that are inherent in them.
QUESTION:
SGT X, A MALE DRILL SERGEANT, INVITED A FEMALE TRAINEE, PVT Y, TO SPEND
A WEEKEND WITH HIM OFF POST. SGT X KNEW SUCH CONDUCT WAS WRONG AS THE
POST
HAD
A
VERY
SPECIFIC
REGULATION
PROHIBITING
ANY
SOCIAL
RELATIONSHIPS AMONG CADRE/TRAINING CENTER PERSONNEL AND TRAINEES.
FURTHERMORE, ALL DRILL SERGEANTS WERE INSTRUCTED QUARTERLY ON THEIR
RESPONSIBILITIES FOR AVOIDING SOCIAL CONTACT WITH TRAINEES UNDER ANY
CIRCUMSTANCE. WHEN SGT X'S WEEKEND ACTIVITIES WITH PVT Y CAME TO THE
ATTENTION OF THE 1SGT, SGT X ARGUED THAT PVT Y WAS NOT EVEN IN THE SAME
BATTALION AND THAT IN HIS OPINION, HIS CONDUCT HAD NO EFFECT ON GOOD
ORDER, DISCIPLINE, AND MORALE. IS THIS RELATIONSHIP IMPROPER?
ANSWER:
YES.
IN U.S.
V.
ADAMES, 21 MJ 465 (CMA, 1986), THE COURT EXPLAINED:
"PROPER RELATIONSHIPS BETWEEN SUPERIORS AND SUBORDINATES ARE VITAL TO
DISCIPLINE IN THE ARMED FORCES. WHERE THE SUBORDINATES ARE TRAINEES, THE
ARMY HAS AN ENHANCED INTEREST, BECAUSE TRAINEES, WHO USUALLY HAVE LIMITED
MILITARY EXPERIENCE AND ARE SUBJECT TO VERY INTENSIVE SUPERVISION AND
CONTROL BY THEIR SUPERIORS, ARE VULNERABLE TO TAKING OF UNFAIR ADVANTAGE
BY THOSE SUPERIORS. IN TURN, SUCH CONDUCT BY THE SUPERIORS DIMINISHES THE
RESPECT WITH WHICH THEY ARE VIEWED BY THE TRAINEES--A RESPECT ESSENTIAL
FOR INCULCATING DISCIPLINE."
In another case, the accused was a second lieutenant, and acting platoon
leader, in a company of male students. All women students were assigned to another
platoon. The accused kept asking one of the female privates to go out on a date
with him. The court explained why this was improper:
"Because of their typical lack of experience and maturity, trainees in the
armed forces are to some extent at the mercy of the officers and NCOs who
supervise them. In recognition of this circumstance and of the potential
for disruption of good order and discipline if their superiors take
advantage of the opportunity to victimize trainees, many training
companies
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MP1018
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