Article 84—Effecting unlawful enlistment, appointment, or separation

a.Text of statute.   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.

b. Elements.

(1) That the accused effected the enlistment, appointment, or separation of the person named;

(2) That this person was ineligible for this enlistment, appointment, or separation because it was prohibited by law, regulation, or order; and

(3) That the accused knew of the ineligibility at the time of the enlistment, appointment, or separation.

c. Explanation. It must be proved that the enlistment, appointment, or separation was prohibited by law, regulation, or order when effected and that the accused then knew that the person enlisted, appointed, or separated was ineligible for the enlistment, appointment, or separation.

d. Lesser included offense. Article 80—attempts

e. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

f. Sample specification.

In that __________ (personal jurisdiction data), did, (at/ on board—location ), on or about ___________ 20________________ , effect (the (enlistment) (appointment) of ______________ as a ____________ in (here state the armed force in which the person was enlisted or appointed)) (the separation of _____________ from (here state the armed force from which the person was separated)), then well knowing that the said _____________ was ineligible for such (enlistment) (appointment) (separation) because (here state facts whereby the enlistment, appointment, or separation was prohibited by law, regulation, or order).