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Navy and Marine Corps Fraternization Policy. HISTORY. CUSTOM AND TRADITION “Custom” is a long established practice, which has attained the force of law within the military. PROPER SOCIAL INTERACTION AMONG OFFICER AND ENLISTED MEMBERS Enhances unit morale and esprit de corps. HISTORY.
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HISTORY • CUSTOM AND TRADITION • “Custom” is a long established practice, which has attained the force of law within the military. • PROPER SOCIAL INTERACTION AMONG OFFICER AND ENLISTED MEMBERS • Enhances unit morale and esprit de corps
HISTORY • UNDULY FAMILIAR PERSONAL RELATIONSHIPS • Undermines respect for authority • Inhibits mission accomplishment • EXPERIENCE HAS DEMONSTRATED THAT SENIORS MUST MAINTAIN THOROUGHLY PROFESSIONAL RELATIONSHIPS WITH JUNIORS AT ALL TIMES
HISTORY • CUSTOM RECOGNIZES THE NEED TO PREVENT USE OF SENIOR GRADE OR POSITION THAT RESULTS IN • Favoritism • Preferential treatment • Personal gain • CUSTOM REQUIRES THAT JUNIOR PERSONNEL RECOGNIZE AND RESPECT AUTHORITY
FRATERNIZATION DEFINED • A TERM TRADITIONALLY USED TO IDENTIFY PERSONAL RELATIONSHIOPS THAT CONTRAVENE THE CUSTOMARY BOUNDS OF ACCEPTABLE SENIOR-SUBORDINATE RELATIONSHIPS • FRATERNIZATION ALSO INCLUDES: • Improper relationships and social interaction between officer members of different grades and enlisted members of different grades
NAVY AND MARINE CORPS FRATERNIZATION POLICY • PERSONAL, UNDULY FAMILIAR RELATIONSHIPS THAT DO NOT RESPECT DIFFERENCES IN RANK AND GRADE
FRATERNIZATION POLICY • SIMILAR RELATIONSHIPS THAT ARE UNDULY FAMILIAR BETWEEN OFFICERS OR BETWEEN ENLISTED MEMBERS OF DIFFERENT RANK OR GRADE MAY ALSO BE PREJUDICIAL TO GOOD ORDER AND DISCIPLINE OR OF A NATURE TO BRING DISCREDIT ON THE NAVAL SERVICE AND ARE PROHIBITED
FRATERNIZATION POLICY • COMMANDS ARE EXPECTED TO TAKE ADMINISTRATIVE AND DISCIPLINARY ACTION AS NECESSARY
PROHIBITED RELATIONSHIPS • NAVY • Personal relationships that are unduly familiar between • Chief Petty Officers (E-7 to E-9) and junior personnel (E-1 to E-6) • Staff/Instructor and Student Personnel • Recruiters and recruits/applicants
PROHIBITED RELATIONSHIPS • Navy • Personal relationships between officers… • The following circumstances can occur if such relationships exist: • A senior’s objectivity can be called into question • It can result in actual or apparent preferential treatment • It can undermine the authority of the senior member • It can compromise the chain of command
Prohibited Relationships (cont.) • MARINE CORPS: • Mirrors Navy policy with one exception • The same provisions apply to the relationship of noncommissioned officers (E-4 to E-5) with their subordinates (E-1 to E-3) • Personal relationships in the Navy between E-1 to E-6 may be condoned, but that is not the case in the Marine Corps. • QUESTIONS?
DIFFICULTY • IMPOSSIBLE TO SET FORTH EVERY ACT THAT IS PREJUDICIAL TO GOOD ORDER AND DISCIPLINE, OR THAT DISCREDITS THE SERVICE • Surrounding circumstances often determine whether THE CONDUCT in question is appropriate or not
SOCIAL INTERACTION • APPROPRIATE PERSONAL RELATIONSHIPS ARE AN IMPORTANT PART OF BUILDING UNIT MORALE AND ESPRIT de CORPS • Example • Officer and enlisted personnel playing on the same command sport team • Other command-sponsored events intended to build unit morale and camaraderie • Healthy and appropriate
BEHAVIORS • BEHAVIORS CONSIDERED UNDULY FAMILIAR AND INAPPROPRIATE UNDER FRATERNIZATION POLICIES: • Dating • Shared living accommodations • Intimate or sexual relations • Commercial solicitations • Private business partnerships • Gambling and borrowing money between officers and enlisted members
SCENARIO ONE • CAPTAIN MARINE AND SERGEANT DEVILDOG • DOES THEIR RELATIONSHIP CONSTITUTE FRATERNIZATION PER NAVY AND MARINE CORPS POLICY?
SCENARIO TWO • CHIEF BARNACLE AND PETTY OFFICER FIRST-CLASS TECHNO • DOES THIS CONSTITUTE FRATERNIZATION?
SCENARIO THREE • ENSIGN SAILOR AND LIEUTENANT SHIPMATE • DOES THIS CONSTITUTE FRATERNIZATION?
SCENARIO FOUR • FIRST LIEUTENANT BLANK • IS THERE A COMPROMISE OF THE CHAIN OF COMMAND? • IS THERE AN APPEARANCE OF PARTIALITY? • IS THERE THE POTENTIAL FOR GOOD ORDER, DISCIPLINE, MORALE, OR AUTHORITY TO BE UNDERMINED?
SCENARIO FIVE • GYSGT WRENCH AND PFC JONES • IS THERE A COMPROMISE OF THE CHAIN OF COMMAND? • IS THERE AN APPEARANCE OF PARTIALITY? • IS THERE THE POTENTIAL FOR GOOD ORDER, DISCIPLINE, MORALE, OR AUTHORITY TO BE UNDERMINED? • WHAT SHOULD YOU, AS THE SECTION OIC, DO?
CONSEQUENCES • ARTICLE 134, UCMJ
CONSEQUENCES • ARTICLE 133, UCMJ
CONSEQUENCES • ARTICLE 92, UCMJ
OTHER REMEDIES • Non-punitive • Formal or informal counseling • Transfer of one or both policies • Evaluation or Fitness Report comments • NJP • Court-martial
MARRIAGE & OTHER RELATIONS • Conduct not excused by subsequent marriage • O.K. if married before commissioned • If married or related? • Not in the same chain of command
NROTC UNIT • COMMANDING OFFICER’S POLICY AT OUR UNIT
RESPONSIBILITY • FRATERNIZATION IS A GENDER-NEUTRAL CONCEPT • SENIORS THROUGHOUT THE CHAIN OF COMMAND WILL: • Provide guidance on appropriate relationships • Ensure all personnel are aware of the current policy • Provide annual indoctrination/training • Address prohibited behavior
RESPONSIBILITY • Shared by all individuals, both female and male, but ultimately rests on the senior. • The leader must be careful to avoid even the perception of fraternization • Commanders must carefully study both the case at hand and the fraternization instructions