Under the provisions of article 134, enlisted members could not be charged with this crime.
While they could be charged under service regulations, each of the services had different and wide-ranging policies and definitions as to what constituted an "inappropriate relationship." Additionally, the explanation of what is and is not allowed is not specifically spelled out in the MCM/UCMJ.
Fraternization is a violation of the Uniform Code of Military Justice (UCMJ).
It falls under a subparagraph of Article 134, and is defined by the Manual For Courts-martial (MCM).
However, keep in mind that even if an exception to the policy applies, the relationship can still be prohibited if it has an adverse effect on the unit or chain of command.
This article discusses the basics of fraternization in the military, the likelihood of facing charges, consequences, and possible defenses.Relationships between enlisted persons of different ranks, or between officers of different ranks may be similarly covered.Violations of such regulations, directives, or orders may be punishable under Article 92.Fraternization involves improper relationships, ranging from overly casual relationships to friendships to romantic relationships.When this occurs between officers and enlisted service members or between some other hierarchical pairing, as between a commander and an officer or enlisted soldier in her command, it can potentially undermine the chain of command, order, and discipline.Now, while each of the services still have individual policies, they all share common standards with respect to relationships between officers and enlisted personnel, recruiters and potential recruits and trainers and trainees.