In view of the desire of the armed services to continue to prosecute fraternization and continued judicial sanctioning, this Note undertakes an analysis of the fraternization prohibition in order to illustrate the current problems. The first part of this Note proposes that the evolution of the prohibition demonstrates that fraternization has become exclusively a disciplinary offense. The development of the offense over the years also shows that the failure of the military to define the offense precisely by regulation or article allowed military courts to construct varying and confusing definitions. The second part of the Note analyzes the validity of fraternization convictions under UCMJ Articles 92, 133, and 134. Part three recommends that each of the military services issue detailed fraternization regulations. These regulations should satisfy the requirements of prohibitiveness and punitiveness so that they can serve as the basis of an Article 92 conviction. They should also contain features that will decrease the chances of arbitrary application and lack of notice to the service member. The conclusion suggests that unless such guidelines are formulated, the significant problems with the current offense will increase leading to additional service member and public dissatisfaction.
Note, Wrongful Fraternization as an Offense under the Uniform Code of Military Justice, 33 Clev. St. L. Rev. 547 (1984-1985)