Relationships with students and trainees

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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