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Art. 82. Solicitation
Art. 87. Missing Movement - 12018_72

Basic Military Requirements (BMR) - Requirement for military advancement
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Art. 83. Fraudulent Enlistment, Appointment, or Separation Any person who: (1)  procures  his  own  enlistment  or appointment in the armed forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or (2) procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to his eligibility for that separation; shall be punished as a court-martial may direct. An essential element of the offense of fraudulent enlistment or appointment is that the accused shall have received pay or allowances while under that enlistment or appointment. Acceptance of food, clothing, shelter, or  transportation  from  the  government  constitutes receipt of allowances. After  apprehension,  an  accused  charged  with having fraudulently obtained separation from a branch of the armed forces is subject to the UCMJ. The accused is subject to the UCMJ while in the custody of the armed forces  and  while  awaiting  trial  for  the  fraudulent separation. Art. 84. Unlawful Enlistment, Appointment, or Separation Any person subject to this chapter who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct. Art. 85. Desertion Members  of  the  armed  forces  who,  without permission, leave their place of duty or organization with the intent to remain away permanently are guilty of desertion. The  status  of  an  absentee  changes  to  that  of  a deserter after 30 days of absence, or sooner if the intent to desert is apparent. For example, suppose a Navy member  goes  ashore  without  permission,  taking  all personal belongings and announcing to shipmates that he/she is leaving the service for good. That person could be immediately declared a deserter. After  an  individual  is  declared  a  deserter, notification is forwarded to the next of kin, the deserter’s hometown police, and various other law enforcement agencies,  including  the  FBI.  Deserters  are  nearly always caught and identified because of nationwide fi n g e r p r i n t i n g   a n d   i d e n t i fi c a t i o n   p r a c t i c e s . Furthermore, expenses incurred in the return of the deserter  to  military  control  are  chargeable  to  the returned absentee. The effects of desertion can be many; some can be severe. If tried and convicted of desertion, the deserter is almost certainly imprisoned; in time of war, the deserter may  be  executed.  A  person  whose  conviction  of desertion  in  time  of  war  results  in  a  dishonorable discharge can never hold any office of trust or profit in the United States government. Art. 86. Absence without Leave Any  member  of  the  armed  forces  who, without authority— (1)  fails to go to his appointed place of duty at the time prescribed; (2)  goes from that place; or (3)  absents  himself  or  remains  absent from his unit, organization, or place of duty at which  he  is  required  to  be  at  the  time prescribed; shall be punished as a court-martial may direct. This article covers every case not provided for in the other  punitive  articles  in  which  an  armed  forces member, through that member’s own fault, is not in a required location at a specified time. As opposed to desertion,  whether  or  not  the  member  intended  to remain  away  makes  no  difference.  The  intent  is expressed by the member’s absence. 2-23 Student Notes:







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