Ask a Military Lawyer. Get Your Military Law Questions Answered
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).