Summary of changes
Article 104b — Unlawful enlistment, appointment, or separation
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
8 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
36.a.
unchanged
Original text
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.
Current text
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.
36.b.
unchanged
Original text
Elements .
Current text
Elements .
36.b.(1)
unchanged
Original text
That the accused effected the enlistment, appointment, or separation of the person named;
Current text
That the accused effected the enlistment, appointment, or separation of the person named;
36.b.(2)
unchanged
Original text
That this person was ineligible for this enlistment, appointment, or separation because it was prohibited by law, regulation, or order; and
Current text
That this person was ineligible for this enlistment, appointment, or separation because it was prohibited by law, regulation, or order; and
36.b.(3)
unchanged
Original text
That the accused knew of the ineligibility at the time of the enlistment, appointment, or separation.
Current text
That the accused knew of the ineligibility at the time of the enlistment, appointment, or separation.
36.c.
unchanged
Original text
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.
Current text
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.
36.d.
unchanged
Original text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
Current text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
36.e.
unchanged
Original text
Sample specification .
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), 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).
Current text
Sample specification .
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), 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).
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.