§ Article 134 : Fraternization

Fraternization is an enumerated offense under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It applies to a commissioned or warrant officer who, knowing a person is an enlisted member, fraternizes with that person on terms of military equality in violation of the custom of the officer’s service, when the conduct is prejudicial to good order and discipline or service-discrediting.

Disambiguation — this is not Article 134 itself

Article 134 is a general clause under which the Manual for Courts-Martial lists numerous separately defined offenses. Fraternization is one of those enumerated offenses.

Who It Applies To

A commissioned or warrant officer who fraternizes on terms of military equality with an enlisted member, knowing the person is an enlisted member, in violation of the custom of the officer’s service, under circumstances that are prejudicial to good order and discipline or service-discrediting.

What It Covers

1. The accused was a commissioned or warrant officer.
2. The accused fraternized on terms of military equality with one or more certain enlisted members in a certain manner.
3. The accused then knew the person or persons to be enlisted members.
4. The fraternization violated the custom of the accused’s service that officers shall not fraternize with enlisted members on terms of military equality.
5. Under the circumstances, the accused’s conduct was prejudicial to good order and discipline in the armed forces, was of a nature to bring discredit upon the armed forces, or both.

Key rules

• The gist of the offense is a violation of the custom of the armed forces against fraternization. Not all contact or association between officers and enlisted persons is an offense; it depends on the circumstances.
• Under the Manual, relevant factors include whether the conduct compromised the chain of command, created an appearance of partiality, or otherwise undermined good order, discipline, authority, or morale. The circumstances must lead a reasonable person experienced in military leadership to conclude that good order and discipline were prejudiced by the tendency to compromise enlisted members’ respect for the professionalism, integrity, and obligations of an officer.
• Service-wide and local regulations, directives, and orders may also govern relationships between officers and enlisted personnel, and between members of different ranks. Violations of those rules may be punishable under Article 92.

Maximum Punishment

Maximum authorized punishment. Dismissal, forfeiture of all pay and allowances, and confinement for 2 years.

Sentencing parameters. Category 1 (0–12 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Fraternization is one of the offenses listed under the General Article and applies only to commissioned and warrant officers. Relationships prohibited by regulation — including between enlisted members of different ranks — may be addressed by Article 92, officer misconduct more generally by Article 133, and sexual activity by a trainer or recruiter with a trainee or applicant by Article 93a.

What the Provision Does

Under the Manual, the gist of this offense is a violation of the custom of the armed forces against fraternization, and not all contact or association between officers and enlisted persons is an offense. Whether it is depends on the circumstances, including whether the conduct compromised the chain of command, resulted in the appearance of partiality, or otherwise undermined good order, discipline, authority, or morale.

History

Fraternization was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 83). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 101.

Sources

• 10 U.S.C. § 934 (Article 134, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 101
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 17 (Analysis of Punitive Articles)