Art. 83. Fraudulent Enlistment, Appointment,or SeparationAny person who:(1) procures his own enlistment orappointment in the armed forces by knowinglyfalse representation or deliberate concealmentas to his qualifications for that enlistment orappointment and receives pay or allowancesthereunder; or(2) procures his own separation from thearmed forces by knowingly false representationor deliberate concealment as to his eligibilityfor that separation;shall be punished as a court-martial may direct.An essential element of the offense of fraudulentenlistment or appointment is that the accused shall havereceived pay or allowances while under that enlistmentor appointment. Acceptance of food, clothing, shelter,or transportation from the government constitutesreceipt of allowances.After apprehension, an accused charged withhaving fraudulently obtained separation from a branchof the armed forces is subject to the UCMJ. The accusedis subject to the UCMJ while in the custody of the armedforces and while awaiting trial for the fraudulentseparation.Art. 84. Unlawful Enlistment, Appointment, orSeparationAny person subject to this chapter whoeffects an enlistment or appointment in or aseparation from the armed forces of any personwho is known to him to be ineligible for thatenlistment, appointment, or separation becauseit is prohibited by law, regulation, or order shallbe punished as a court-martial may direct.Art. 85. DesertionMembers of the armed forces who, withoutpermission, leave their place of duty or organizationwith the intent to remain away permanently are guilty ofdesertion.The status of an absentee changes to that of adeserter after 30 days of absence, or sooner if the intentto desert is apparent. For example, suppose a Navymember goes ashore without permission, taking allpersonal belongings and announcing to shipmates thathe/she is leaving the service for good. That person couldbe immediately declared a deserter.After an individual is declared a deserter,notification is forwarded to the next of kin, the deserter’shometown police, and various other law enforcementagencies, including the FBI. Deserters are nearlyalways caught and identified because of nationwidefi 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 thedeserter to military control are chargeable to thereturned absentee.The effects of desertion can be many; some can besevere. If tried and convicted of desertion, the deserter isalmost certainly imprisoned; in time of war, the desertermay be executed. A person whose conviction ofdesertion in time of war results in a dishonorabledischarge can never hold any office of trust or profit inthe United States government.Art. 86. Absence without LeaveAny member of the armed forces who,without authority—(1) fails to go to his appointed place ofduty at the time prescribed;(2) goes from that place; or(3) absents himself or remains absentfrom his unit, organization, or place of duty atwhich he is required to be at the timeprescribed;shall be punished as a court-martial may direct.This article covers every case not provided for in theother punitive articles in which an armed forcesmember, through that member’s own fault, is not in arequired location at a specified time. As opposed todesertion, whether or not the member intended toremain away makes no difference. The intent isexpressed by the member’s absence.2-23Student Notes:
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