Fraudulent Enlistment Penalties

[C_172 flight]

My girlfriend's son is an idiot and may/has gotten himself into trouble in the USCG. He lied on his medical forms to get in, and has been found out. It is not clear what type of action will be taken. His mother indicates that he believes he will receive a fraudulent enlistment.

I served in the Army, and I seem to remember that in my day people got busted down a rank for this type of situation. I know that he may get an other than honorable or dishonorable discharge, but is it possible that he will have to do minor time in the brig for this? Again, in my day confinement was for things like striking an officer, rape, i.e. really hideous actions.

If there are any JAG officers here that could weigh in on what types of punishment are typical for fraudulent enlistment that would be helpful.

Many Thanks,
C172

 

[FlyingRon]

If he hid something that would have disqualified him, they obviously aren't going to keep him. He can expect a discharge under less than honorable conditions. He definitely should avail himself of some military legal advice.

 

[CGRAY]

Agree. If he has something that he had to lie about, more than likely, it was a disqualifying factor and he will be sent packing, one way or another. Seriously doubt "brig time".

Just out of curiosity, how did all this come to light?

 

[justalayman]

article 83: fraudulent enlistment

“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 or allowances thereunder; or

Elements.

(1) Fraudulent enlistment or appointment.

(b) That the accused knowingly misrepresented or deliberately concealed a certain material fact or facts regarding qualifications of the accused for enlistment or appointment;

(d) That under this enlistment or appointment that accused received pay or allowances or both.

Maximum punishment.

(1) Fraudulent enlistment or appointment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

.

Obviously that is the maximum available.

 

[CGRAY]

Those are definetly the maximums, but I seriously doubt he would see those. Nor do I doubt it would just be a reduction in rank. I have never seen a person known to be a fradulent enlistment stay in. Not saing it hasn't happened, just never witnessed nor heard of it. In the few case I've seen, it has been just a administrative discharge out the door. I'm sure what exactly was concealed plays a huge role in it.

 

[CGRAY]

Just out of curiosity, is the USCG members held under the UCMJ? They are now under Dept of Homeland Security are they not?

 

[justalayman]

Just out of curiosity, is the USCG members held under the UCMJ? They are now under Dept of Homeland Security are they not?

Um, maybe. I hadn't thought of that.

 

[Ausar]

If you are interested, you can read my short story in the "Upgrading My Discharge" thread.

I have, as your girlfriend's idiot son, lied on my medical forms to get in. After my command found out about theat, I received the Article 83, which is Fraudulent Enlistment and is awarded as a battalion level NJP. Three things happened: I was reduced in rank from Lance Corporal to PFC, confined to barracks for a month (with about 700 dollars withheld from my paycheck) and was discharged with a General, Under Honorable conditions type of discharge.

I seriously doubt any brig time.

Now, if he gotten himself in trouble, depending on seriousness of charges, he may be discharged with an OTH.

Also, it depends on what he lied about upon entry. If it is something that will prevent him from serving, he will most likely be kicked out.

 

[FlyingRon]

Coast Guard still has the Navy-style JAG system.