Posted on Jan 2, 2017
If an active duty enlisted and an Army Reserve company commander are dating, how does AR 600-20 para 4-14 (c) apply ?
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Posted 8 y ago
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Well if you look into 600-35 which breaks actual Scenarios down this situation only becomes an issue when the reservist goes on active duty status. Then relationship must end or become married with in a year.
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It seems pretty clear from the wording of 4-14(c) that the O/E relationship is a violation. This is true regardless of the potential for command influence, favoritism, or morale, which means it's true even if they are in completely separate chains of command, and the reg makes clear that it applies to RA/AR/NG alike.
The only "outs" are:
-- if the dating relationship existed prior to the rank difference, and even then they only have a year to get married.
-- if they are already married, and even then the period prior to marriage may be actionable if it was a violation.
-- if the dating relationship originated outside of service entirely, which is a bit of a grey area that you'd probably want to get further guidance from JAG on.
The only "outs" are:
-- if the dating relationship existed prior to the rank difference, and even then they only have a year to get married.
-- if they are already married, and even then the period prior to marriage may be actionable if it was a violation.
-- if the dating relationship originated outside of service entirely, which is a bit of a grey area that you'd probably want to get further guidance from JAG on.
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MAJ (Join to see)
This is a sensitive issue for me, as I'm married to an Enlisted Soldier (going on 11 years). I've had issues from time to time with other Soldiers who took issue with our marriage and tried to press the matter, but we have always been careful to completely separate our military work so it never ended up going anywhere.
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SFC (Join to see)
Well, I was told because the CDR/enlisted SM said they met as civilians, that the relationship is okay because the CDR is an Army Reserve TPU Soldier even though the enlisted Marine is Active Duty. This only applies to the reserves is what I was told, 14-4(c). So they're saying it's a civilian relationship, I guess.
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SFC (Join to see)
And that was an issue because the relationship was not separate from the military and people thought he was a CPT before he showed up to the unit in uniform while she was there working MAJ (Join to see) -
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MAJ (Join to see)
That's tricky. Like I mentioned before, it's a grey area, because it's not clear how "civilian" an AD SM can be considered to be. If it was two reservists it would be far easier to claim that, but with one being AD that's a tough sell. Ultimately, though, it depends on 1- the recommendation(s) from JAG(s), and 2- how hard the command wants to try pushing the issue (either command). When I was at Ft. Huachuca in '07, one of the Reserve LTs got pregnant from a permanent party E-4 on AD that she met in "civilian status" at a bar, and both their careers ended because of it, so they absolutely can choose to make these people's lives hell if they want.
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I remember an active 1SG and a USAR Major who were dating, and were confronted by our BN CoC. They said they would stop dating immediately. They were married the following weekend.
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