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 effect 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.
In order to be convicted of an Article 104b violation, the prosecution must demonstrate:
- the accused effected the enlistment, appointment, or separation of the person named;
- this person was ineligible for this enlistment, appointment, or separation because it was prohibited by law, regulation, or order; and
- 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 17 years of experience in military law and a sought-after speaker and lecturer on military law. In 2015 the firm recruited R. Davis Younts, a former prosecutor who was the number one rated Senior Defense Counsel in the Air Force and has taught at the Army and Air Force JAG Schools and successfully achieved acquittals in multiple rape, sexual assault, and sexual contact cases in courts-martial in multiple branches of the service.
If you or someone you know is facing Article 104b charges for Unlawful Enlistment, Appointment, or Separation, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-347-1514 for a free consultation.
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