Fraudulent Enlistment - Military

[MilEnlistee]

State: Connecticut

Regarding Article 83 of the UCMJ: fraudulent enlistment.
There is a known glitch in the enlistment process; the encouragement by recruiters to lie about criminal and/or medical history. Say one had been coaxed into deciding to enlist in a fraudulent manner. Reports of enlistment fraud are to be forwarded to the Inspector General.
What if the said committer wants to turn themselves in for fraud but keep their job in the military (possibly on the grounds that there was enormous pressure to lie)? Can legal representation possibly achieve pardon and a waiver for whatever requirement they did not originally meet?

 

[fozzy2]

The almost inevitable answer: it depends. The military might very well keep a person who fraudulently enlists, but it depends on what exactly the fraud was and to a lesser extent what the persons record/potential is. If you enlisted under a false name and have a few felony drug dealing convictions --- it is doubtful the military will keep you around. Other situations are on a more case-by-case basis. For example, you smoked weed a few times but the recruiter got you to say you *never* did drugs. On the other hand, sometime the military will have no choice but to discharge you. For example, you covered up a major medical problem that should make you ineligible for the military.

One thing is for certain, your odds of staying in are vastly higher if you come forward and report it, as opposed to having the military 'catch you'. You need to decide how important the issue is and how likely it is to be discovered. You could discuss your situation with a military attorney to see what the current policies/likelihoods are in your circumstances -- but make certain you have a client relationship and confidentiality applies, etc.

 

[JETX]

Can legal representation possibly achieve pardon and a waiver for whatever requirement they did not originally meet?

If you want us to play this 'can they' game... and try to guess what might happen if something else happens.... the answer is... Of course they can. And cows can fly to the moon.

 

[SHORTY LONG]

30 JULY 06

Troop, I agree with Fozzy2 and JETX! First, as Fozzy2 made clear that, you need to ASAP
with a Military Attorney and make clear at first of your "client relationship and confidentiality" and self incrimination! Make no mistake about it, Uncle Sam sooner or later will find in your "records" whatever. So, the sooner you meet this head on the better all will be. I for one am proud of you for stepping up to the plate and to do the right thing now; instead of it to cause you problems as time moves forward! Thank you Fozzy2 & JETX. Respectfully, Shorty