§ Article 104b : Unlawful Enlistment, Appointment, or Separation

Article 104b of the UCMJ (10 U.S.C. § 904b) punishes effecting the enlistment, appointment, or separation of another person known to be ineligible for it because it is prohibited by law, regulation, or order. Unlike Article 104a, this article addresses effecting the action for someone else, not procuring it for oneself.

Who It Applies To

Any person subject to the UCMJ who effects an enlistment or appointment in, or a separation from, the armed forces of a person known to the accused to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order.

What It Covers

1. The accused effected the enlistment, appointment, or separation of a certain person.
2. That person was ineligible for the enlistment, appointment, or separation because it was prohibited by law, regulation, or order.
3. The accused knew of the ineligibility at the time of the enlistment, appointment, or separation.

Both the prohibition and the accused’s knowledge must be proved as of the time the enlistment, appointment, or separation was effected.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Sentencing parameters. Category 2 (1–36 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 104b addresses a recruiter, officer, or other person in a position to effect an enlistment, appointment, or separation, who knowingly does so for someone ineligible — distinct from Article 104a, which addresses a person fraudulently procuring their own enlistment, appointment, or separation.

What the Provision Does

Article 104b applies to the person who effects someone else’s enlistment, appointment, or separation, knowing that the person is ineligible because the action is prohibited by law, regulation, or order. A person who fraudulently procures their own enlistment, appointment, or separation is addressed by Article 104a instead.

History

Unlawful enlistment, appointment, or separation appeared as Article 84 of the original 1950 UCMJ, codified at 10 U.S.C. § 884 in 1956. The Military Justice Act of 2016 (Pub. L. 114-328) renumbered it as Article 104b, effective January 1, 2019; the Article 84 designation now covers breach of medical quarantine.

Sources

• 10 U.S.C. § 904b (Article 104b, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 36
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C