In reading the article, I got the distinct impression that there was NCOs present, along with soliders that were subordinate to those NCOs.
As far as fraterinzation, we had a NCO in our unit that was disciplined for that infraction. He wasn't tried before a courts martial, but there was non-judicial punishment handed out. And he was transferred out of the unit shortly after that.
There has to be a local order from the commander for that to happen. It usually only happens when in a training environment or when the NCO is in the direct rating chain of command and is in a position to influence the subordinate's effectiveness rating. Otherwise, if the NCO had taken it to court martial he might have been acquitted.