Page 500 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10203

36. Article 104b (10 U.S.C. 904b)-Unlawful enlistment, appointment, or separation
a. Text o.fstatute.
Any person subject to this chapter who effects 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
shall be punished as a court-martial may direct.
b. Elements.
( 1) That the accused effected the enlistment, appointment, or separation of the person named;
(2) That this person was ineligible for this enlistment, appointment, or separation because it
was prohibited by law, regulation, or order; and
(3) That the accused knew of the ineligibility at the time of the enlistment, appointment, or
separation.
c. F.xplanation. Tt must be proved that the enlistment, appointment, or separation was prohibited
by law, regulation, or order when effected and that the accused then knew that the person enlisted,
appointed, or separated was ineligible for the enlistment, appointment, or separation.
d. lvfaximum punishmenl. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 5 years.
e. Sample .~pecdfcalion.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction, if required), on or about 20 _,effect [the (enlistment) (appointment) of
_____ as a in (here state the armed force in which the person was enlisted or
appointed)] [the separation of from (here state the armed force from which the person
was separated)], then well knowing that the said was ineligible for such (enlistment)
(appointment) (separation) because (here state facts whereby the enlistment, appointment, or
separation was prohibited by law, regulation, or order).

37. Article 105 (10 U.S.C. 905)-Forgery
a. Text (?{statute.
Any person subject to this chapter who, with intent to defraud-
( 1) falsely makes or alters any signature to, 01· any part of, any writing which
would, if genuine, apparently impose a legal liability on another or change his legal right or
liability to his prejudice; or
(2) utters, offers, issues, or transfers such a writing, known by him to be so
made or altered;
is guilty of forgery and shall be punished as a court-martial may direct.
b. Elements.
( 1) Forgery-making or altering.
(a) That the accused falsely made or altered a certain signature or writing;
(b) That the signature or VvTiting was of a nature which would, if genuine, apparently impose
a legal liability on another or change another's legal rights or liabilities to that person's prejudice;
and
(c) That the false making or altering was with the intent to defraud.
(2) Forgery-uttering.
(a) That a certain signature or w-riting was falsely made or altered;
(b) That the signature or writing was of a nature which would, if genuine, apparently impose
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00317 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.319</GPH>
a legal liability on another or change another's legal rights or liabilities to that person's prejudice;

298