have issued directives concerning fraternization with trainees."
U.S. v.
Mayfield, 21 MJ 418 (CMA, 1986).
Fort Gordon's regulation on the subject was at issue in U.S. v. Sartin, 24
MJ 873 (ACMR, 1987).
This regulation prohibited social fraternization "between
permanent party personnel and a soldier in a training status, a status defined to
last until the soldier departs Fort Gordon on permanent change of station.
The
accused, a staff sergeant, had sexual intercourse with a female student "on the
night of her graduation from her training course, prior to her signing out from the
school at Fort Gordon on the following day." The court held that the prohibition
was necessary "to promote good order and discipline due to the likely
susceptibility of trainees to improper influence from those in whose care they have
been committed for duty purposes."
It "does further a legitimate military need"
and is directly connected with "the maintenance of good order and discipline." It
is "justified by a compelling military interest."
The accused argued that his
conduct was not improper as the student had already graduated.
The court
disagreed:
"We believe that both the susceptibility to improper influence and the
actual improper influence are as likely to exist when the act consummating the
relationship occurs at the completion of the training cycle as when it occurs
during the training cycle.
The appellant's relationship with a trainee...could
reasonably be expected to adversely affect discipline and authority, such as by
causing a perception of partiality or favoritism during an earlier period of the
training cycle."
Another example of a local regulation is Fort McClellan Reg 632-1.
The
general superior-subordinate prohibition states that one "will not engage in any
nonprofessional relationship which results in either actual favoritism or improper
exploitation of rank or position by the superior, or some actual or clearly
predictable adverse impact on discipline, authority, or morale" (paragraph 9).
This, of course, is consistent with the Army's regulatory policy we previously
discussed.
Paragraph 8 of the regulation covers relationships between permanent party
and trainee personnel.
It prohibits any "business or business-related activities
with trainees, receptees, or students."
This includes such things as commercial
solicitation and the borrowing of money. It also prohibits the following:
"Engage in any actual or attempted nonprofessional social relationship
of a personal nature with any trainee or receptee, on or off Fort
McClellan, that is outside of duty association. This includes, but is
not limited to, dating, any type of sexual activity, any touching of a
sexual nature, hugging or kissing, hand holding or physical caressing,
or attempting or soliciting to do these things with trainees or
receptees; drinking or alcoholic beverages with trainees or receptees
for any purpose of entertainment, dining, recreation, sport, or
intimacy" (paragraph 8c).
MP1018
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