10 U.S.C. § 904a

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

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Any person who—(1) 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(2) 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.(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.)

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 NotesAmendments

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

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2021–2024 · leading case: Gann v. Braithwaite (D.D.C. 2021).

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Gann v. Braithwaite (D.D.C. 2021). · cites it 3× “See 10 U.S.C. § 904a; accord AR47-48. Thus, Gann reasoned, any fraudulent appointment occurred as an O-1—when he first received pay as an officer—meaning the last rank in which he satisfactorily served was an E-7, not an E-6.”

<p data-block-key=\vfip3\">U.S. v. JACKSON</p>" (N.M.C.C.A. 2024). “FINDINGS The following are the Accused’s pleas and the Court’s findings to all of- fenses the convening authority referred to trial: Charge II: Violation of Article 104a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 904a. Plea: Guilty. Finding: Guilty.”

— 10 U.S.C. § 904a(1) — 1 case

Gann v. Braithwaite (D.D.C. 2021). “See 10 U.S.C. § 904a; accord AR47-48. Thus, Gann reasoned, any fraudulent appointment occurred as an O-1—when he first received pay as an officer—meaning the last rank in which he satisfactorily served was an E-7, not an E-6.”

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