UCMJ Article 83 Fraudulent Enlistment vs Article 84 Unlawful Enlistment: Lying to Get In vs Being Ineligible
On this page: 6 sections
The enlistment offenses moved on January 1, 2019: fraudulent enlistment is now Article 104a and unlawful enlistment Article 104b, while Articles 83 and 84 cover malingering and breach of medical quarantine. The two current offenses are committed by different people: Article 104a by the person who lies or conceals to get in or get out, and Article 104b by the person who effects an enlistment, appointment, or separation knowing it is prohibited.
Being ineligible is not itself an offense under either article. Article 104a punishes the deception; Article 104b punishes the official act of someone else who knows of the ineligibility.
Article 104a: fraudulent enlistment, appointment, or separation
(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;
Source: 10 U.S.C. § 904a (Article 104a), renumbered from § 883 by Pub. L. 114-328.
The article covers officers’ appointments and fraudulent separations as well as enlistments. The Manual for Courts-Martial explains (MCM, Part IV, ¶ 35.c):
- What is material. Any information the recruiting, appointing, or separating officer used in deciding, and any information that normally would have been considered had it been provided.
- Pay or allowances. For enlistment or appointment, the accused must have received pay or allowances under it. Accepting food, clothing, shelter, or transportation from the government counts; what is provided while the accused is held pending trial for the offense does not.
- One offense. Several misrepresentations for a single enlistment, appointment, or separation make one offense.
Article 104b: 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.
Source: 10 U.S.C. § 904b (Article 104b), renumbered from § 884 by Pub. L. 114-328.
The government must prove that the action was prohibited by law, regulation, or order when it was taken, and that the accused then knew the person was ineligible (¶ 36.c). The statute applies to “any person subject to this chapter who effects” the action; it contains no separate element that the accused held formal enlistment authority.
Time limits for fraudulent enlistment
Article 43 sets a specific rule. A person charged with fraudulent enlistment or appointment under Article 104a(1) may be tried if sworn charges are received by an officer exercising summary court-martial jurisdiction over that person:
(1) In the case of an enlisted member, during the period of the enlistment or five years, whichever provides a longer period.
(2) In the case of an officer, during the period of the appointment or five years, whichever provides a longer period.
Source: 10 U.S.C. § 843(h) (Article 43).
The offense does not remain chargeable indefinitely; the limit is the longer of the enlistment or appointment period and five years. How the rule applies to a particular enlistment is a question for counsel.
How the facts sort
| Article 104a | Article 104b | |
|---|---|---|
| Who commits it | The person enlisting, appointed, or separated | The person who effects the enlistment, appointment, or separation |
| Conduct | Knowingly false representation or deliberate concealment | Effecting a prohibited action |
| Knowledge | Knows the representation is false, or deliberately conceals | Knows the person is ineligible |
| Pay or allowances | Required for enlistment or appointment | Not an element |
| Covers separations | Yes, 104a(2) | Yes |
For example, an applicant who deliberately conceals a disqualifying condition on enlistment paperwork, enlists, and draws pay commits the elements of fraudulent enlistment under Article 104a(1). A recruiter, subject to the UCMJ, who processes that enlistment knowing the applicant is barred by regulation raises Article 104b. If the recruiter did not know of the ineligibility, the knowledge element of Article 104b is missing. Materiality is measured by what the recruiting or appointing officer used, or would normally have considered (¶ 35.c(1)), and each person’s knowledge is proved separately.
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 35.d and ¶ 36.d) |
|---|---|
| Fraudulent enlistment or appointment | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
| Fraudulent separation | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Unlawful enlistment, appointment, or separation | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
Where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence in a general or special court-martial, except in a capital case (10 U.S.C. § 853(b)(1)).
Sources
- 10 U.S.C. § 904a, fraudulent enlistment, appointment, or separation (Article 104a)
- 10 U.S.C. § 904b, unlawful enlistment, appointment, or separation (Article 104b)
- 10 U.S.C. § 843, statute of limitations (Article 43)
- 10 U.S.C. § 883, malingering (Article 83)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 35 and ¶ 36.
Legal information about Articles 104a and 104b; no enlistment record or recruiting decision is assessed. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.