Former UCMJ Article 83:
FRAUDULENT ENLISTMENT, APPOINTMENT, OR SEPARATION
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UCMJ ARTICLE 83:
FRAUDULENT ENLISTMENT, APPOINTMENT, OR SEPARATION
Note: Article 83 of the UCMJ has been updated as of 2019. UCMJ Article 83: Fraudulent Enlistment, Appointment, or Separation has moved to Article 104a: Fraudulent Enlistment, Appointment, or Separation. Article 83 is now Article 83: Malingering.
This retained discussion concerns the former article number. Under current Article 104a, fraudulent enlistment or appointment carries a maximum of two years of confinement; fraudulent separation carries five years. Both permit a dishonorable discharge and total forfeiture of pay and allowances for an enlisted accused. Both are Category 2 (1–36 months), with the enlistment or appointment range capped at the lower two-year offense maximum.
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must sentence within the applicable confinement range unless specific facts justify a departure. If the judge departs, the record must contain a written statement explaining the factual basis. These ranges do not replace the lawful maximum punishment for the offense or the court-martial’s jurisdictional limits. For offenses assigned sentencing criteria instead of a category, the judge must consider those criteria.
The punishment summaries describe the current offense limits for enlisted members; earlier conduct must be assessed under the law applicable on its date. Reduction to E-1 applies to enlisted members. Dismissal applies to commissioned officers, including commissioned warrant officers, cadets, and midshipmen. A dishonorable discharge applies to enlisted members and uncommissioned warrant officers; a bad-conduct discharge applies only to enlisted members. Court-martial jurisdiction and any plea agreement can further limit the sentence.
Archived Article
Should you as a service member of the U.S. Armed Forces be accused of deceiving the government by deliberately concealing or misrepresenting information related to your military enlistment, appointment or separation, you may be charged with a crime under Article 83 of the UCMJ.
The government’s response to any form of fraudulent activity relating to the enlistment into, the appointment of, or separation from the Armed Forces may be harsh and immediate:
- Any pay you may have received from enlistment or appointment to a new position will require its immediate return. Your family may be forced to pay off your debts.
- You may be punitively discharged from the military. For the rest of your life, you will be forced to hide your previous service from employers and acquaintances.
- You could face anywhere a maximum sentence of two to five years in prison should you be convicted.
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