United States v. Gonzalez
25-0032/AR
C.A.A.F.Sep 15, 2025Background
- In Aug. 2021, Lt. Col. Jonny Gonzalez (married, soon retiring) socialized at a San Antonio bar, met Seaman Recruit (E‑1) J.T., and later was photographed kissing her on the lips.
- The specification alleged Gonzalez, knowing J.T. was a junior enlisted trainee and not his wife, kissed her cheek and lips.
- A court‑martial panel found Gonzalez guilty, excepting “cheek,” and sentenced him to a reprimand; the convening authority issued the reprimand only.
- The Army Court of Criminal Appeals summarily affirmed. The case reached the Court of Appeals for the Armed Forces on the question of fair notice.
- Gonzalez argued he lacked fair notice that an extramarital kiss could be punished under Article 133 (conduct unbecoming) because the conduct was essentially an adultery claim better suited to Article 134.
- The Court treated the charged conduct as fraternization and held military sources (MCM, AR 600‑20, and custom) provided fair notice that kissing a junior enlisted trainee on the lips is punishable as conduct unbecoming under Article 133.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gonzalez had fair notice that an extramarital kiss with a junior enlisted trainee could be punished as conduct unbecoming (Art. 133) | Govt: MCM, Army regs, and military custom give notice that fraternization (including intimate public contact with junior enlisted) is punishable; parties treated the case as fraternization. | Gonzalez: Charging and litigation framed like an adultery case; nothing in UCMJ/regulations clearly notifies that a kiss short of sexual intercourse is an Article 133 offense. | Court: No plain error—case was fraternization; MCM, AR 600‑20, and longstanding customs provided fair notice such conduct is punishable under Article 133. |
Key Cases Cited
- United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003) (due‑process fair‑notice requirement for military offenses)
- Lanier v. United States, 520 U.S. 259 (1997) (touchstone of fair notice analysis)
- United States v. Williams, 553 U.S. 285 (2008) (statutes must provide fair notice and not be standardless)
- United States v. Tedder, 24 M.J. 176 (C.M.A. 1987) (officers held to a higher code of honor)
- United States v. Boyett, 42 M.J. 150 (C.A.A.F. 1995) (fraternization notice and history of proscription)
- United States v. Rogers, 54 M.J. 244 (C.A.A.F. 2000) (noting gradations of relationships and notice limits)
- United States v. Frazier, 34 M.J. 194 (C.M.A. 1992) (reasonable officer standard for notice)
- United States v. Brown, 55 M.J. 375 (C.A.A.F. 2001) (MCM defines conduct unbecoming in traditional military law)