Other Relationships. Other relationships, not specifically addressed above, can, depending on the circumstances, lead to actual or perceived favoritism or preferential treatment and, if so, must be avoided. Examples of activities that may result in an adverse impact on morale, discipline and respect for authority are gambling or partying with subordinates, soliciting or making solicited sales to subordinates and entering into business ventures with members who are junior in rank, grade or position.
Relationship of Unprofessional Conduct to Other Provisions of the UCMJ. All military members are subject to lawful orders. When a military member has been lawfully ordered to cease an unprofessional relationship or refrain from certain conduct, the military member is subject to prosecution under the UCMJ for violation of the order. Similarly, all military members are subject to prosecution for criminal offenses committed incidental to an unprofessional relationship (e.g., gambling, adultery, assault). In addition, officers may be prosecuted for violation of the specific prohibitions listed below; violation of the custom against fraternization; and conduct unbecoming an officer.
Specific Prohibitions Relating to Officers (Fraternization). Unprofessional relationships between officers and enlisted members have a high potential for damaging morale and discipline and for compromising the standing of officers. Consequently, officers have an ethical and a legal obligation to avoid certain relationships and activities. Officers must not engage in any activity with an enlisted member that reasonably may prejudice good order and discipline, discredit the armed forces or compromise an officer's standing. The custom against fraternization in the Air Force extends beyond organizational and chain of command lines. In short, it extends to all officer/enlisted relationships.
Specific Prohibitions. Conduct that violates the custom of the Air Force against fraternization can be prosecuted under Article 134 of the UCMJ. In addition, with reasonable accommodation for married members and members related by blood or marriage, the following conduct is prohibited and can be prosecuted under either Article 92 of the UCMJ, Article 134, or both, and any other applicable article of the UCMJ when appropriate:
(1) Officers Will Not Gamble With Enlisted Members.
(2) Officers Will Not Lend Money to, Borrow Money From or Otherwise Become Indebted to Enlisted Members. Exception: Infrequent, non-interest-bearing loans of small amounts to meet exigent circumstances.
(3) Officers Will Not Engage in Sexual Relations with or Date Enlisted Members. Dating as set out here includes not only traditional, prearranged, social engagements between two members, but also includes more contemporary social activities that would reasonably be perceived to be a substitute for traditional dating.
Officer/Enlisted Marriages. When evidence of fraternization exists, the fact that an officer and enlisted member subsequently marry does not preclude appropriate command action based on the prior fraternization. The fact that an officer is married to an enlisted member is not, by itself, evidence of misconduct. For example, some officer-enlisted marriages are created by the commissioning of civilians married to enlisted members, or by the commissioning of enlisted members married to other enlisted members. Other officer-enlisted marriages may result from force reductions and nonselection for promotion of some officers who then reverted to enlisted status. Regardless of how the officer-enlisted marriage came to be, married members are expected to respect all customs and courtesies observed by members of different grades when they are on duty, in uniform in public, or at official social functions.
(4) Officers Will Not Share Living Accommodations with Enlisted Members Except When Reasonably Required by Military Operations.
(5) Officers Will Not Engage, on a Personal Basis, in Business Enterprises with Enlisted Members, or Solicit or Make Solicited Sales to Enlisted Members, Except as Permitted by the Joint Ethics Regulation.
