Posted on Dec 29, 2021
I am in the IRR. My girlfriend is a T32 National Guard AGR. We met in the military, and she used to work for me. Can she get in trouble?
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Our primary concern is whether or not the guard can take any adverse action against her? As stated I am in the IRR with no intention of returning.
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Posted 3 y ago
Responses: 6
The regulation targets those that met while in their official duty and started to court another. In your case you are no longer serving. In AR 600–20 • 24 July 2020 it states:
(d) Personal relationships between members of the RA and members of the ARNG or USAR when the relationship primarily exists due to civilian association and the USAR member is not on active duty (other than annual training), on FTNGD (other than annual training), or serving as a dual status military technician.
(e) Soldiers and leaders share responsibility for ensuring that these personal relationships do not interfere with good order and discipline. Commanders will ensure that personal relationships that exist between Soldiers of different grades emanating from their civilian careers will not influence training, readiness, or personnel actions.
You are no longer Active Duty. The spirit of the regulation was to prevent quid pro quo and favoritism. Seeing how you no longer in an active status then you should be good. If you met while you were active but then started dating then you have to find the divide. Did a relationship benefit either party? Is it still maintain good order in the unit? If she was promoted or got an position due to being in a relationship then that could be an issue. If you were the person that directly influenced the hiring of your partner then the burden would be on you. I don't think this would rise to a level of concern to where either of you would be liable. There are a few more factors that I would have to know. A lot of this is also at the discretion of the commander. Would they want to initiate a 15-6 to find out? Probably not.
(d) Personal relationships between members of the RA and members of the ARNG or USAR when the relationship primarily exists due to civilian association and the USAR member is not on active duty (other than annual training), on FTNGD (other than annual training), or serving as a dual status military technician.
(e) Soldiers and leaders share responsibility for ensuring that these personal relationships do not interfere with good order and discipline. Commanders will ensure that personal relationships that exist between Soldiers of different grades emanating from their civilian careers will not influence training, readiness, or personnel actions.
You are no longer Active Duty. The spirit of the regulation was to prevent quid pro quo and favoritism. Seeing how you no longer in an active status then you should be good. If you met while you were active but then started dating then you have to find the divide. Did a relationship benefit either party? Is it still maintain good order in the unit? If she was promoted or got an position due to being in a relationship then that could be an issue. If you were the person that directly influenced the hiring of your partner then the burden would be on you. I don't think this would rise to a level of concern to where either of you would be liable. There are a few more factors that I would have to know. A lot of this is also at the discretion of the commander. Would they want to initiate a 15-6 to find out? Probably not.
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SFC Casey O'Mally
SFC Michael Hasbun - But not ACTIVELY serving. Which is what the regulation covers.
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SFC Casey O'Mally
SFC Michael Hasbun - Yes. And still discusses ACTIVELY serving. CPT (Join to see) quoted the Regulation, but left out the context that subparagraphs d) and e) are discussing exemptions from fraternization rules.
According to subpara d) (above) Relationships between Reservists and guard members are exempt if their primary association is civilian (it is now, even if it was not previously) UNLESS the reservist is on active duty.
I.e. if the reservist is not ACTIVE, there is no fraternization. Period.
Now - there likely WAS fraternization, as described. But there no longer is.
According to subpara d) (above) Relationships between Reservists and guard members are exempt if their primary association is civilian (it is now, even if it was not previously) UNLESS the reservist is on active duty.
I.e. if the reservist is not ACTIVE, there is no fraternization. Period.
Now - there likely WAS fraternization, as described. But there no longer is.
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SFC Ralph E Kelley
Sgt Judy Leonard - That's the only way I can think of - based on the information provided - that would cause chain of command issues. He isn't active anymore and the fact that they 'used to be' in the same COC certainly doesn't apply now.
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