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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.
Examples of fraternization include going to one another’s private homes or to clubs together, dating, sexual activities or any kind of favoritism.
The senior ranking officer in such situations is considered to have greater ability to promptly discontinue any behaviors in breach of policy, but both soldiers are considered equally accountable.
Dating is subject to the same scrutiny as any other form of fraternization.
As such, it must reflect professionalism and cannot engender any favoritism or abuses of position.
Fraternization is a violation of the Uniform Code of Military Justice (UCMJ).