Page 498 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10201

(2) takes a public record with the intent to alter, conceal, remove, mutilate,
obliterate, or destroy the public record;
shall be punished as a court-martial may direct.
b. Elements.
(l) That the accused altered, concealed, removed, mutilated, obliterated, destroyed, or took
with the intent to alter, conceal, remove, mutilate, obliterate, or destroy, a cetiain public record;
and
(2) That the act of the accused was willful and unlawful.
c. Explanation. "Public records" include records, reports, statements, or data compilations, in any
form, of public offices or agencies, setting forth the activities of the office or agency, or matters
observed pursuant to duty imposed by law as to which matters there was a duty to report. "Public
records" include classified matters.
d. Nfaximum punishmefll. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 3 years.
e. Sample ,\pec{flcation.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about 20 _, willfully and unlawfully [(alter)
(conceal) (remove) (mutilate) (obliterate) (destroy)] [take with intent to (alter) (conceal) (remove)
(mutilate) (obliterate) (destroy)] a public record, to wit: ___ _

35. Article 104a (10 U.S.C. 904a)--Fraudulent enlistment, appointment, or separation
a. Text <:?[statute.
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 ot· allowances thereunder; or
(2) procures his own sepat·ation from the armed forces by knowingly false
representation or deliberate concealment as to bis eligibility for that separation;
shall be punished as a court-martial may direct.
b. Element.Y.
(1) Fraudulent enlistment or appointment.
(a) That the accused was enlisted or appointed in an armed force;
(b) That the accused knowingly misrepresented or deliberately concealed a certain material
fact or facts regarding qualifications of the accused for enlistment or appointment;
(c) That the accused's enlistment or appointment was obtained or procured by that
knowingly false representation or deliberate concealment; and
(d) That under this enlistment or appointment that accused received pay or allowances or
both.
(2) Fraudulent separation.
(a) That the accused was separated from an anned force;
(b) That the accused knowingly misrepresented or deliberately concealed a ce1iain material
fact or facts about the accused's eligibility for separation; and
(c) That the accused's separation was obtained or procured by that knowingly false
representation or deliberate concealment.
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c. Explanation.

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