§ 904a. Art. 104a. Fraudulent enlistment, appointment, or separation

Statutory text

Any person who—

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

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 66, § 883 · 70A Stat. 66
Enacted · 10 U.S.C. § 904a
Aug. 10, 1956, ch. 1041, 70A Stat. 66, § 883
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 66, § 883
2016
Military Justice Act of 2016
Pub. L. 114–328 div. E title LX § 5401(1) · 130 Stat. 2000
Changed · 10 U.S.C. § 904a
Pub. L. 114–328 renumbered section 883 of this title as this section
Source evidence
Code amendment note
Pub. L. 114–328 renumbered section 883 of this title as this section.
Enacted provision · exact public law section
(1) Enlistment and separation.— Sections 883 and 884 (articles 83 and 84) are transferred so as to appear (in that order) after section 904 (article 104) and are redesignated as sections 904a and 904b (articles 104a and 104b), respectively.
Effective date note
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
883	50:677.	May 5, 1950, ch. 169, § 1 (Art. 83), 64 Stat. 134.

In clauses (1) and (2), the words “means of” are omitted as surplusage.

Editorial Notes

Amendments

2016—Pub. L. 114–328 renumbered section 883 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Credits

1956–2016 · 2 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 66, § 883
2016renumbered § 904a, Pub. L. 114–328, div. E, title LX, § 5401(1), Dec. 23, 2016, 130 Stat. 2938.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 66, § 883; renumbered § 904a, Pub. L. 114–328, div. E, title LX, § 5401(1), Dec. 23, 2016, 130 Stat. 2938.)