10 U.S.C. § 883 : Armed Forces — General Military Law — Uniform Code Of Military Justice — Punitive Articles — Personnel — Art. 83. Fraudulent Enlistment, Appointment, Or Separation

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

(2) procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to his eligibility for that separation;

shall be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 66.)


Transfer and Enactment of Section

Pub. L. 114–328, div. E, title LX, §§ 5401(1), 5404, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2938, 2940, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is redesignated and transferred to become section 904a of this title (article 104a), and a new section 883 (article 83) is enacted. For text of new section 883 after the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

883

50:677.

May 5, 1950, ch. 169, § 1 (Art. 83), 64 Stat. 134.

In clauses (1) and (2), the words “means of” are omitted as surplusage.


Effective Date of 2016 Amendment

Transfer of current section and enactment of new section 883 by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.


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