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 fingerprinting and identification practices.
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.
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Student Notes:
