UCMJ Article 84: Effecting Unlawful Enlistment, Appointment or Separation
Any attempt by a service member to facilitate the unlawful enlistment, appointment, or separation of another service member of the Armed Forces is subject to charges under Article 84 of the UCMJ.
Article 84 gives the government extensive leeway to convey incredibly harsh sentencing upon recruiters, officers and other service members. Should you be convicted, you will face:
- A dishonorable discharge from the military
- The forfeiture of all allowances and pay
- A sentence of up to five years in jail
You could face jail time simply by ignoring a false statement on someone’s resume. If you’re facing charges under Article 84, then call Bilecki & Tipon TODAY to start fighting back.
What Is Article 84 of the UCMJ?
Article 84 of the UCMJ governs conviction and sentencing for crimes related to aiding or assisting a service member’s false enlistment into, appointment of, or separation from the Armed Forces. Three elements must be proven beyond a reasonable doubt by prosecutors to convict you of the crime:
- That the accused effected the enlistment, appointment, or separation of the person named;
- That this person was ineligible for this enlistment, appointment, or separation because it was prohibited by law, regulation, or order, and;
- That the accused knew of the ineligibility at the time of the enlistment, appointment, or separation.
Our take: The government has accused you of helping someone fraudulently enlist, separate or advance within the military. Prosecutors will attempt to prove you were familiar with the service member and had prior knowledge of the requirements as well as the service member’s inability to meet those requirements.
Military Defense Attorney for Article 84 of the UCMJ: Strategies and Tactics
Article 84 cases can play out in court in a myriad of ways. Our strategy typically takes into account both the specific context of the case as well as the elements and rules that govern Article 84 of the UCMJ.
Here are just a few of the options Bilecki & Tipon has at its disposal to fight back against your charges:
- How familiar were you with the service member that broke the law with a fraudulent enlistment, appointment or separation? We can show in court that your connection with the other service member is far from familiar enough to warrant going to jail for them.
- Is the prosecution’s case speculative in nature? Do they have actual evidence proving that you knew the enlistment, appointment or separation was fraudulent? If the prosecutors aren’t prepared we’ll make them regret it.
- If the evidence against you is overwhelming, we can still secure reduced sentencing by negotiating with the prosecutors. Advising a client to consider a pre-trial agreement will only be done after all options for trying the case have been looked into.
Conviction under Article 84 could get you dishonorably discharged and incarcerated. Before you make an assumption about your case, contact the defense attorneys at Bilecki & Tipon.
Experienced Military Defense Lawyers for Article 84 Charges
You’re facing an aggressive government opponent that will not hesitate to throw you in prison. Bilecki & Tipon has fought and won tough court martial cases before, and we can fight your case as well.
Bilecki & Tipon will help you fight back against charges under Article 84: Effecting Unlawful Enlistment, Appointment or Separation
Frequently Asked Questions About Article 84
What Is the Purpose of Article 84?
Not all service members are happy with their positions in the military. Some want to avoid serving entirely. Others want to advance more rapidly than their peers, using illegal tactics. Article 84 attempts to curb this activity by targeting the individuals that facilitate doing it unlawfully.
What Is the Difference Between Article 83 and Article 84 of the UCMJ?
Article 83 and Article 84 concern the same criminal act, only each focuses on a separate actor:
- Article 83: Fraudulent Enlistment, Separation or Appointment governs the conviction and punishment of any service member who benefited from the fraudulent enlistment into, appointment to, or separation from the Armed Forces.
- Article 84: Effecting Unlawful Enlistment, Separation or Appointment governs the conviction and punishment of any service member who assisted another service member in the breaking of Article 83, UCMJ.
What Is the Maximum Possible Punishment for Article 84 of the UCMJ?
The maximum punishment under Article 84 of the UCMJ includes:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for up to 5 years
- Dishonorable discharge
Lesser Included Offenses: You may be charged with a lesser included offense, which could limit the scope of your punishment. A lesser included offense of Article 84 is Article 80: Attempts. Punishment under an attempted offense under Article 84 can still carry with it a jail sentence, although you could still face a dishonorable discharge.