At Bilecki Law Group, We believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
What is Article 104a Of The UCMJ?
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 104a 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:
Hope is not a defense. Ignorance will not protect you from the government’s aggressive prosecutors. Defending yourself is the only way to avoid your charges altogether.
- A conviction can put your pay and your family’s financial stability at risk. Any separate demand to repay military pay must be examined under the rules governing that payment.
- A punitive discharge can end your military career and leave you explaining the conviction and discharge to future employers.
- You could face anywhere a maximum sentence of two to five years in prison should you be convicted.
Bilecki Law Group is the premier military defense team for charges related to Article 104a of the UCMJ. Take control of your case before the prosecution does. Contact Bilecki Law Group today.
Defining the Elements of Article 104a: Fraudulent Enlistment, Appointment or Separation
Article 104a covers two offenses. Prosecutors must prove every element of the offense charged beyond a reasonable doubt.
For fraudulent enlistment or appointment, the government must prove that you enlisted or were appointed; that you knowingly misrepresented or deliberately concealed a material fact about your qualifications; that the enlistment or appointment was obtained through that false representation or concealment; and that you received pay or allowances under it.
For fraudulent separation, the government must prove that you were separated; that you knowingly misrepresented or deliberately concealed a material fact about your eligibility for separation; and that the separation was obtained through that false representation or concealment.
Fighting Back Against an Article 104a: Fraudulent Enlistment, Appointment or Separation
As any service member can attest, it is incredibly difficult to determine where one stands in the sea of red tape that is today’s modern military bureaucracy.
Enlisting in, securing an appointment to, or separating from the military is a grueling task that requires immense effort and time.
Is it at all surprising therefore that mistakes happen and service members become confused over their current standing with the U.S. military?
Sentencing Guidelines
Both Article 104a offenses are Category 2. The two-year maximum for fraudulent enlistment or appointment caps that offense’s otherwise applicable 1–36 month range at twenty-four months. Fraudulent separation retains the 1–36 month range, with a five-year 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.
Offenses Under
This Article
Offense Category
Category Confinement Range (Months)
Fraudulent enlistment or appointment
Category 2
1-36
Fraudulent separationCategory 2
1-36
Facing an Allegation?
Contact Bilecki Law Group
The military defense attorneys at Bilecki Law Group are experienced in fighting back against court-martial charges. Below are just a few of the possibilities that we may consider in your case:
- Did you make attempts to enlist or separate or be appointed to your position the correct way? We’ll look to see just where the alleged fraudulent activity occurred and could make the case that you weren’t even aware you were breaking the law.
- Is the military at fault for delaying the service member’s request? Did the military require repeat paperwork and signatures or request redundant interviews?
- Did the military cause an excessive amount of confusion? Did individuals within the military bureaucracy conflict with one another regarding your status or position?
We know what it takes to defend you against Article 104a charges. Contact Bilecki Law Group today and start fighting back against allegations of fraudulent enlistment, appointment or separation.
Military Defense Attorneys Experienced in Article 104a Charges
You’ve been unfairly subjected to charges under Article 104a. You believe in your innocence, and so does Bilecki Law Group. Few law firms can match, let alone exceed, our reputation for winning cases under the UCMJ.
Bilecki Law Group will help you fight back against charges under Article 104a: Fraudulent Enlistment, Appointment or Separation
Frequently Asked Questions About Article 104a
I Didn’t Fully Separate from My Original Enlistment or Appointment before Accepting Another Position. Am I Guilty under Article 104a?
The government must prove that you received pay or allowances under the enlistment or appointment it claims you obtained fraudulently. Receiving payment from both your original and new positions is not the test. We examine what was represented or concealed, whether it actually procured the new enlistment or appointment, and what pay or allowances you received under it.
I Lied Multiple Times to Be Separated from the Military. Does That Mean I’m Guilty of Multiple Charges under Article 104a?
No. Article 104a describes the procurement of one’s own enlistment, appointment, or separation into our out of a position as a single offense, regardless of how many times the service member mislead or concealed the truth.
What Is the Maximum Possible Punishment for Article 104a: Fraudulent Enlistment, Appointment, or Separation?
The Manual for Court Martial defines the maximum punishment for an offense under Article 104a as:
- Fraudulent enlistment or appointment: Reduction to E-1, forfeiture of all pay and allowances, confinement for two years, and a Dishonorable discharge
- Fraudulent separation: Reduction to E-1, forfeiture of all pay and allowances, confinement for five years, and a Dishonorable discharge
An experienced defense attorney can help fight these charges or eliminate them entirely. If you’re concerned that you may be found guilty in your case, contact Bilecki Law Group today.