U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 883

Art. 83. Malingering

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Any person subject to this chapter who, with the intent to avoid work, duty, or service—(1) feigns illness, physical disablement, mental lapse, or mental derangement; or(2) intentionally inflicts self-injury;shall be punished as a court-martial may direct.(Added Pub. L. 114–328, div. E, title LX, § 5404, Dec. 23, 2016, 130 Stat. 2940.)Editorial NotesPrior Provisions

A prior section 883 was renumbered section 904a of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section 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.

Notes of Decisions
Cited in 76 cases (10 in the last 5 years), 1959–2025 · leading case: United States v. McPherson, 73 M.J. 393 (C.A.A.F. 2014).
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United States v. McPherson, 73 M.J. 393 (C.A.A.F. 2014). · cites it 2× “Articles 83, 86, 107, 112a, and 134, UCMJ, 10 U.S.C. §§ 883 , 886, 907, 912a, 934 (2012).”
Wickham v. Hall, 12 M.J. 145 (1981). · cites it 4× “Opinion COOK, Judge: Petitioner seeks to prohibit her trial by special court-martial on a charge that she fraudulently procured her separation from the Army, in violation of Article 83(2), Uniform Code of Military Justice, 10 U.S.C. § 883 (2). She alleges she was released from…”
United States v. Cole, 24 M.J. 18 (1987). · cites it 4× “Contrary to his pleas, he was found guilty of fraudulent separation, in violation of Article 83(2), Uniform Code of Military Justice, 10 U.S.C. § 883 (2). He was sentenced to a dishonorable discharge, confinement for 1 year, total forfeitures, and reduction to pay grade E-l.”
United States v. Khamsouk, 57 M.J. 282 (C.A.A.F. 2002). · cites it 2× “Contrary to his pleas, he was convicted of fraudulent enlistment, five specifications of larceny, forgery, and sixteen specifications of the unauthorized use of another’s credit card in violation of Articles 83, 121, 123, and 134, Uniform Code of Military Justice (UCMJ), 10 USC…”
United States v. Watson, 71 M.J. 54 (C.A.A.F. 2012). · cites it 2× “n was convicted by a military judge sitting alone at a general court-martial of fraudulent enlistment, absence without leave, communicating a threat, possessing a loaded firearm in his vehicle, possessing a weapon with intent to harm, indecent language, and possession of child…”
United States v. Harmon, 63 M.J. 98 (C.A.A.F. 2006). “” Article 83(2), Uniform Code of Military Justice, 10 U.S.C. § 883 (2) (2000). In fact, there is no dispute that Harmon was eligible for separation as his administrative discharge had been approved and processed.”
United States v. Cohen, 63 M.J. 45 (C.A.A.F. 2006). “§ 920 (2000), and fraudulent enlistment in violation of Article 83, UCMJ, 10 U.S.C. § 883 (2000). 2 . We granted review of the following issue: WHETHER THE MILITARY JUDGE ERRED WHEN HE DENIED APPELLANT’S MOTION TO SUPPRESS STATEMENTS HE MADE TO THE BASE INSPECTOR GENERAL.”
Wendy L. Wickham v. Alvin O. Hall, Colonel, U.S. Army, & United States, 706 F.2d 713 (5th Cir. 1983). · cites it 2× “A formal charge was then lodged against Wickham, alleging that she had procured her separation from the armed forces in violation of Article 83(2) of the Uniform Code of Military Justice, 10 U.S.C. § 883 (2) (1976), by falsely representing that she was pregnant.”
United States v. Mull, 76 M.J. 741 (A.F.C.C.A. 2017). “use of ketamine hydrochloride, a Schedule III controlled substance; divers wrongful use of hydromorphone, a Schedule II controlled substance; divers wrongful use of diazepam, a Schedule IV controlled substance; and knowingly filing a false report of a crime with a law…”
United States v. King, 27 M.J. 327 (1989). “He was charged with one specification of fraudulently procuring his separation from the service and one specification of desertion, in violation of Articles 83 and 85, Uniform Code of Military Justice, 10 USC §§ 883 and 885, respectively. Prior to pleas, the military judge…”
United States v. Johanns, 17 M.J. 862 (1983). “, Article 83, 10 U.S.C. § 883 ; (9) malingering, see Navy Courts and Boards, section 104, and U.”
United States v. Busch, 75 M.J. 87 (C.A.A.F. 2016). “Busch was convicted at a judge-alone general court-martial of one specification of fraudulent enlistment, one specification of absence without leave, one specification of making a false official statement, and one specification of sexual abuse of a child, in violation of…”
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