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10 USC § 904a - Art. 104a. Fraudulent enlistment, appointment, or separation 

---
identifier: "/us/usc/t10/s904a"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 904a - Art. 104a. Fraudulent enlistment, appointment, or separation"
title_number: 10
title_name: "ARMED FORCES"
section_number: "904a"
section_name: "Art. 104a. Fraudulent enlistment, appointment, or separation"
chapter_number: 47
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
subchapter_number: "X"
subchapter_name: "PUNITIVE ARTICLES"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 66, § 883; renumbered § 904a, Pub. L. 114–328, div. E, title LX, § 5401(1), Dec. 23, 2016, 130 Stat. 2938.)"
---

# § 904a. Art. 104a. 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.

---

**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 66, § 883; renumbered § 904a, Pub. L. 114–328, div. E, title LX, § 5401(1), Dec. 23, 2016, 130 Stat. 2938.)

| 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.

## Editorial Notes

### Amendments

2016— renumbered  as this section.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2016 Amendment

Amendment by  effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see  and Ex. Ord. No. 13825, set out as notes under .