UCMJ Article 104b: Unlawful enlistment, appointment, or separation

The MCM states under Article 104b (Unlawful enlistment, appointment, or separation), a service member may be prosecuted if they affect 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.

To be convicted of an Article 104b violation, the prosecution must demonstrate:

1. the accused affected the enlistment, appointment, or separation of the person named;

2. this person was ineligible for this enlistment, appointment, or separation because it was prohibited by law, regulation, or order; and

3. the accused knew of the ineligibility at the time of the enlistment, appointment, or separation.

Understanding Article 104b (Unlawful enlistment, appointment, or separation) of the UCMJ

Article 104b refers to an enlistment, appointment, or separation that was prohibited by law, regulation, or order when it was made and that the accused knew that the person enlisted, appointed, or separated was ineligible.

Maximum Possible Punishment for Violations of Article 104b

Service members convicted of an Article 104b violation face a maximum punishment of dishonorable discharge, forfeiture of all pay and allowances, and a forced confinement of 5 years.

How do you defend against Article 104b, Unlawful Enlistment, Appointment, or Separation charges?

When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 23 years of experience in military law and a sought-after speaker and lecturer on military law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding various matters and a diverse background of clients.

If you or someone you know is facing Article 104b charges for Unlawful Enlistment, Appointment, or Separation, you mus speak with a Military defense attorney immediately. Please call Crisp and Associates Military at 888-347-1514 for a free consultation.