The Mayer Law Blog

Military-Only Crime of the Day

Posted August 9th, 2013 in Military Law

The last few weeks here have been decidedly unfunny (except in morbid ways). In order to be a bit trivial, I’ll share something that is only a crime in the military–just for you to think about.

Article 84–Effecting 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.

Maximum punishment: Up to 5 years of confinement and a dishonorable discharge.

Minimum punishment: No punishment. (For those of you who’ve read this blog for a bit, you know I have a problem with news agencies that only tout the max punishment).

Compare the max for this crime with a few random others.

Disrespect toward a superior commissioned officer: 1 year, Bad-Conduct Discharge

Note: A Dishonorable Discharge is the worst you can receive. A Bad-Conduct Discharge is a bit better, but you still lose most useful benefits.

Cruelty and Maltreatment: 1 year, dishonorable discharge.

Unlawful Detention: 3 years, dishonorable discharge.

Wrongful use of cocaine: 5 years, dishonorable discharge.

Larceny of private property under $500 value: 1 year, bad-conduct discharge

Larceny of a privately owned vehicle: 5 years, dishonorable discharge.

Simple arson of a value over $500: 5 years, dishonorable discharge.

Assault consummated by a battery upon a child under 16 years: 2 years, dishonorable discharge.

Housebreaking. 5 years, dishonorable discharge.

Negligent homicide. 3 years, dishonorable discharge.

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