Legal Opinion · Concurring in part, dissenting in part
United States v. Johanns
U S Air Force Court of Military Review
Decided October 26, 1983No. ACM 23699Published
1Concurring in part, dissenting in partHodgson, Chief Judge
The majority has held that an unmarried officer who has sexual relations with an unmarried enlisted subordinate is neither guilty of improper fraternization nor of conduct unbecoming an officer and a gentleman. I respectfully but adamantly disagree.
Until our decision today the military services had not broken ranks on the issue of whether fraternization is an offense punishable under the Uniform Code of Military Justice. United States v. Rodriquez, ACM 23545 (A.F.C.M.R. 29 October 1982); United States v. Jefferson, 14 M.J. 806 (A.C.M.R.1982); United States v. Rosario, 13 M.J. 552…
2Cases cited12 opinions
- Parker v. LevySupreme Court of the United States · 1974
- Orloff v. WilloughbySupreme Court of the United States · 1953
- United States v. MeansUnited States Court of Military Appeals · 1981
- United States v. PitasiUnited States Court of Military Appeals · 1971
- United States v. PariniU.S. Army Court of Military Review · 1981
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