Effecting unlawful enlistment, appointment, or separation. UCMJ Art. 84

test1 119 (Side 119)“Any person subject to this chapter who effects an enlistment or appointment in or 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.” Article 84.

Explanation
The enlistment, appointment, or separation must have been prohibited by law, regulation, or order, and the accused must have then known that the person enlisted, appointed, or separated was eligible for the enlistment, appointment, or separation. MCM, pt. IV, para 8c.

Examples of Effecting an Unlawful Enlistment

  1. Accused recruiter, who had applicants that failed entrance examinations improperly retake the examinations in other jurisdictions, was guilty of effecting unlawful enlistment, under Article 84. United States v. Hightower, 5 M.J. 717 (A.C.M.R. 1978).
  2. Accused effected unlawful enlistments and conspired to do so by involvement in a scam that provided ineligible applicants with bogus high school diplomas. United States v. White, 36 M.J. 284 (C.M.A. 1993)