Posted on Jul 27, 2018
How is fraternization handled between an active duty and Reserve soldier during AIT?
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I am in the reserves and graduating AIT in 4 days. I am currently being accused of fraternization, and the male getting accused along with me is active duty. I have been informed by legal that since my orders end on the 1st of August, the company I’m in can not legally keep me here any longer then that, unless there is a pending investigation, even if I am flagged. But since the male is active, if they flag him then they can keep him here and remove his current orders for his first duty station. (He graduates in 2 days)
1- is it true that they can not keep me here, without a pending investigation (SHARP or EO), even if they flag me?
2- would fraternization be considered an investigation? (No SHARP or EO complaints have been made)
3- if they can not keep me here past the 1st (assuming the answers to my first two questions are “no”) ... can they give punishment to the male but not to me, if they decide to flag him and keep him here?
4- if there is no proof of anything going on except rumors, can we be punished?
5- if we have been warned by our drill sergeants, listened to the warnings, and distanced ourselves (yes we are friends but nothing more) can they continue with punishment if they decide to do so?
Any advise or answers is appreciated, also if you know of any tradoc policies that would help with this situation please send them my way. Thank you.
1- is it true that they can not keep me here, without a pending investigation (SHARP or EO), even if they flag me?
2- would fraternization be considered an investigation? (No SHARP or EO complaints have been made)
3- if they can not keep me here past the 1st (assuming the answers to my first two questions are “no”) ... can they give punishment to the male but not to me, if they decide to flag him and keep him here?
4- if there is no proof of anything going on except rumors, can we be punished?
5- if we have been warned by our drill sergeants, listened to the warnings, and distanced ourselves (yes we are friends but nothing more) can they continue with punishment if they decide to do so?
Any advise or answers is appreciated, also if you know of any tradoc policies that would help with this situation please send them my way. Thank you.
AIT Student
Fraternization
Advice
Posted >1 y ago
Responses: 11
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From the JAG perspective, I see a lot of command teams get very fixated on fraternization. Sometimes they play it by the book and use AR 600-20 to solve it. Other times, they were simply misinformed and assumed something was fraternization without walking it through the proper analysis. After they would come to me with a packet for an Article 15, I'd try to analyze the situation and make sure.it fell within the reg. Usually things turned out fine for everyone, even though between all that, the Soldiers are upset because they think something is coming. Hang tight until you actually see something on paper, and seek legal advice if there is an adverse action.
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1. You are you going to believe us or JAG? 2. You are USAR, when your orders end, you are gone unless awaiting UCMJ ( not threatened with, but actually charged and awaiting for the judicial system to process you. 3. Nothing in life is fair, ever! 4. AD folks can be flagged at anytime because their orders go till they ETS. 5. It is all up to the Training CoC- if there is no proof being shown, then the flag probably won't hold. Advice to you both- if warned you should have obeyed, if suspected- should have disputed it, and finally use JAG- that is what they are there for!
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Sgt Dale Briggs
Sgt Maj are always right, I’d suspect they’ve about seen it all, so I’d take the advice.
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