OPNAVINST 5370.2B (the preferred rule): Prohibits unduly familiar relationships between officer and enlisted personnel that do not respect the differences in grade or rank (nearly identical language as U.S. NAVY REGULATIONS 1165). It is also a General Order and punishable under Article 92, UCMJ. Relationships covered by this Instruction include unduly familiar relationships between officers and enlisted as well as among officers and enlisted whenever the relationship does not respect the differences in grade or rank. Two different tests are applied, depending on rank of those involved:
One Step Test: Relationship between officer and enlisted: If the relationship is found to be unduly familiar then it is fraternization. Such a relationship is presumed to be prejudicial to good order and discipline. This also applies to relationships between Chief Petty Officers and junior enlisted (E1-E6) within the same command and some specific positional relationships, e.g., recruiter and recruit, instructor and student.
Two Step Test: In relationships between officers or between enlisted personnel fraternization requires an unduly familiar relationship and it must be prejudicial to good order and discipline or service discrediting (there is no presumption that it is prejudicial or service discrediting). Examples of relationships that may be prejudicial to good order and discipline include: Dating, shared living accommodations, sexual relations, commercial solicitations, private business partnerships, gambling and borrowing money.