Is your Valentine’s Day relationship legal?

  • Published
  • By Capt. Megan Schmid
  • 71st Flying Training Wing Deputy Staff Judge Advocate
Valentine's Day is right around the corner. How do you plan to celebrate this year? With roses, a box of chocolates, a teddy bear holding a heart or maybe a sappy Valentine's Day card professing your love?

Valentine's Day is the time for celebrating relationships through loving, caring or romantic gestures. Relationships are a vital part of life. They give the support and motivation needed to succeed. It is important to take time to show appreciation and love.

Valentine's Day is a good time to reflect on the kinds of relationships and conduct that are prohibited for military members, their families and civilian employees.

For military members, there are two primary articles of the Uniform Code of Military Justice that define what kind of relationships are appropriate and which are not -- Articles 92 and 134.

Article 92 is used to enforce Air Force regulations on professional and unprofessional relationships as defined by Air Force Instruction 36-2909, "Professional and Unprofessional Relationships." Air Education and Training Command Instruction 36-2909, revised on Dec. 2, 2013, further refines the parameters for relationships among faculty, staff and students in AETC and is also enforceable under Article 92.

Relationships are unprofessional when they detract from authority or result in or create an appearance of favoritism, misuse of office or position or abandonment of organizational goals for personal interests.

Unprofessional relationships can occur between officers, enlisted members, officers and enlisted members, or between military members and civilian employees or contractors.

What types of conduct might create unprofessional relationships? Shared living accommodations or transportation, off-duty activities together, close friendships, and dating or sexual relationships may result in prohibited relationships.

In today's technology-infused world, it's important to remember that prohibited conduct extends to activities conducted through texting, email and online social media.

Article 134 prohibits fraternization, which occurs when officers interact with enlisted members on terms of military equality. Fraternization is about crossing the boundaries between officers and enlisted members in a way that undermines good order, discipline, authority or morale.

Activities with enlisted members that could get an officer in trouble include gambling, lending or borrowing money, sexual or dating relationship and engaging in business or sales.

For AETC military and civilian members who are directly or indirectly involved in formal AETC training or education programs, AETCI 36-2909 has more detailed restrictions on prohibited behaviors.

At Vance AFB, this instruction applies to Undergraduate Pilot Training instructors, students and support staff as well as their immediate family members.

Faculty, staff and their family members are prohibited from personal and social contact and relationships with students. This includes personal and social-media contact such as texting and posting to Facebook, Instagram and other online social networks.

It also includes personal and social relationships such as going to unofficial social gatherings or bars and consuming alcohol together.

On the other hand, organizational functions such as unit picnics, assignment selection events and graduations are encouraged for camaraderie and morale. The key difference is these activities are part of unit events, not merely personal in nature.

Faculty and staff members who have knowledge of conduct that violates these prohibitions have a duty to report the conduct to an appropriate authority such as a supervisor, the chain of command, the Inspector General, the Sexual Assault Response Coordinator, law enforcement or the legal office.

If you need further clarification, seek guidance from your leadership, or contact the Legal Office, 213-7404.