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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18813
Experience:  Lawyer and current JAG officer.
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I am a Active Duty Medical Personnel. Im being accused of

Customer Question

I am a Active Duty Medical Personnel. I'm being accused of Article 123 Forgery, for signing a document that I'm not sure is an official binding document.
I filled out a DD2766 for a Periodic Health Assessment and scribbled signatures without actually doing the PHA. I didn't do any of the verification or establish an appointment within our medical system to solidify the PHA. I merely filled in a PHA form and wrote out signature of member, myself, and provider. Almost as a test document. I wanted to know if I should argue this? If a DD2766 is an official document or is it seen as a simple piece of paper with writing on it?
Submitted: 3 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 3 years ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Ok. Let start by saying that I'm not sure that I would charge this as a forgery. I suppose that they can argue that your placing other's signatures on the document changed both your legal status (by claiming you had met the PHA requirements) and their legal status (by making them legally liable for having seen you when they didn't), but I'd classify this more as a false official statement.

 

It is a Department of Defense form. It is an official document.

 

The reason that is an official document is that, when you turn it in, you are making a specific statement concerning the status of your Physical Health Assessment, a statement that is legally required by the military.

 

The point is that fighting this, and I'm assuming you mean fighting it by demanding court martial, would be a serious mistake. Your defense here isn't going to invalidate the claim and you'll just end up subjecting yourself to greater punishments by pushing the forum to the next level. Some argument could be made that this is not a true forgery, but it is a crime and they aren't locked into what they first charge. Fighting them on the issue will only result in them getting to the correct charge at a much more damaging forum.

 

 

 

 

 

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