Fraudulent enlistment occurs when someone withholds information that could lead to disqualification from joining the military. It can result in serious consequences, including dishonorable discharge, heavy fines, and imprisonment. Fraudulent appointment and fraudulent separation are related crimes that can also lead to court-martial. It’s best to inform the military of possible disqualifying factors and apply for a waiver.
Fraudulent enlistment occurs when a person enlists in the military while knowingly withholding information that could lead to disqualification. In the past, hidden details such as age were overlooked, particularly in times of war, but today’s military organizations often respond to fraudulent enlistment with serious action. Fraudulent enlistment is also closely related to fraudulent appointment and fraudulent separation, both of which can be grounds for a court-martial.
Every army has rules and regulations regarding entry requirements. These can cover a wide range of requirements, from body fat percentage to psychiatric treatment history. Fraudulent enlistment occurs when a person intentionally withholds disqualifying information from enlisting; if a medical or psychological condition is discovered after enlistment, a person may still be discharged, but is not usually charged with enlisting by fraudulent means.
Fraudulent enlistment usually occurs because a person who wants to join the military is afraid that he will not be allowed to do so because of a disqualifying appeal. In some cases, this fear is justified, but not always. Some military organizations occasionally allow people to apply for a waiver that allows enlistment regardless of disqualifying capabilities. Obtaining a waiver may depend on the type of disqualification, whether it is a relatively recent occurrence, and whether supporting evidence can show that a waiver is warranted. An example of a situation in which a waiver can be issued is if a person suffers from childhood asthma, still passes all necessary tests and receives a statement from doctors confirming that the condition has resolved.
There have been reported instances of people fraudulently enlisting after being encouraged to withhold information by a recruiter. While this is a rare occurrence, it is important to remember that the enlisted person is still held accountable for their actions, regardless of the advice they receive. To stand a chance of legal enlistment, it’s best to inform the military of possible disqualifying factors and apply for a waiver.
Possible penalties for fraudulent enlistments include dishonorable discharge, heavy fines and imprisonment. If fraud is discovered within the first few months of training, the person may simply be fired rather than receiving an official discharge. Dishonorable discharge can be a source of shame for people who dreamed of joining the military; it can also affect some legal rights, such as gun ownership.
Two related military crimes are fraudulent appointment and fraudulent separation. Fraudulent commitment occurs when an already enrolled member conceals or exaggerates details in order to receive a different commitment or promotion. Fraudulent separation, which is considered similar to desertion, occurs when a person gives fraudulent reasons for being discharged. Both crimes can result in a court-martial and carry sentences similar to draft fraud.
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