NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: DD, TF, 5 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that _____________ (personal jurisdiction data), did, (at/on board—location), on or about __________,, by means of [knowingly false representations that (here state the fact or facts material to eligibility for separation which were represented), when in fact (here state the true fact or facts)] [deliberate concealment of the fact that (here state the fact or facts concealed which made the accused ineligible for separation)], procure himself/herself to be separated from the (here state the armed force from which the accused procured (his) (her) separation).
c. ELEMENTS:
(1) That (state the time and place alleged), the accused was separated from the United States (Army) (__________);
(2) That the accused knowingly misrepresented or deliberately concealed (a) certain material fact(s) about (his) (her) eligibility for separation, that is, (state the facts allegedly concealed or misrepresented); and
(3) That the accused’s separation was obtained or procured by the knowingly false representation or deliberate concealment.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Material” means important.
“Separation” means any method by which a member of an Armed Force is released from the service. “Release from the service” means any severance or disconnection from an active or inactive duty status.
NOTE 2: Other instructions. If the accused’s separation was allegedly procured by a knowingly false representation, Instruction 7-3, Circumstantial Evidence (Knowledge), should ordinarily be given. If the accused’s separation was procured by a deliberate concealment of material facts, Instruction 7-3, Circumstantial Evidence (Intent), should ordinarily be given.