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Military Fraud Related Questions

What is the punishment for commiting fraud in the military? Who determines the punishment or if charges will be filed? If you or a loved one serves in the military and has been charged with fraud, you may have questions and need answers. It is important to know where to turn for accurate reliable information, and verified Experts online can provide this. Read below where Experts have answered military fraud related questions.

What is the punishment for fraudulatently receiving basic housing allowance and family separation pay?

Case Details: Pay was received while deployed and for a year after returning from deployment.

If fraud is the case, the individual may be court martialed. This could lead to bigger concerns, including punitive discharge and months, if not years in jail, along with paying the money back.

What are the legal ramifications for receiving Coast Guard’s basic housing allowance, but not using it to pay rent or a mortgage?

The Coast Guard could charge the service member for fraud in the amount of the money received that was not used to pay rent or a mortgage.

What can individual, who was discharged from the Marines with a fraud enlistment RE-4, do to get back into any branch of the military?

Case Details: The fraud enlistment RE-4 was for a medication that individual took between the ages of 8-11 years old. Recruiter told individual to lie.

The first step would be for the individual to have his or her discharge upgraded. However, upgrading from an RE-4 is very difficult, but it does happen sometimes. If the individual was told by the recruiter to lie about the medications, this could be a big help in having the discharge upgraded.  Hopefully, the individual mentioned this bit of information at discharge. To try and upgrade the discharge, the individual will need to petition to change military records. The DD Form 293 Application for Review of Discharge or Dismissal from the Armed Forces of the United States will need to be filed. An individual may also need to use the DD Form 149 Application for Correction of Military Records. To successfully upgrade the discharge, the individual will need to demonstrate, under the circumstances that an upgrade to the characterization or RE code is appropriate. The Review Board will also consider individual’s post service conduct, but it does not be considered as much as in-service conduct.

What is the punishment for fraud subject to Article 15?

In terms of Article 15, the commander can give the maximum punishment available under it, without regarding the defenses that the individual raised. The reason is that the commander is not a court of law and is generally not subject to oversight on considering mitigating circumstances. That is the down side of Article 15, the commander is entirely in control. The only way to obtain a greater legal right is take a greater legal risk, demanding court martial. The problem with that is that the individual subject to much greater punishments, as a court martial has more punishments at their disposal. An individual can obtain legal counsel and the protection of certain evidentiary rules, including the right to bring character witnesses. This is, of course, something that an individual should have discussed with the local Judge Advocate General Defense attorney after the first reading of Article 15.

What can an ex-wife do that was frauded by her Army ex-husband in divorce papers that she signed?

Case Details: In the divorce papers the ex-wife did not know she was signing away her rights to any of the ex-husbands Army retirement.

If the divorce is final, it will be difficult, but not impossible to modify the terms of the property settlement. Typically, the individual would need to show that the fraud was an intentional concealment of assets to convince the court to re-open the divorce proceedings and allow for modification of the divorce decree and force ex-husband to pay ex-wife a portion of his retirement.

Can the military punish a reserve soldier, up for promotion, for a fraud civil lawsuit, and who should this be reported to?

Case Details: The lawsuit is also for theft of money from the company he worked for and for paying prostitutes and soliciting them on the company computer.

The military does not have to take any action, but it may decide to do so. Most likely, the soldier would be separated from the military if there are sufficient facts to substantiate the allegations. It should ultimately be reported to the officer’s commander, who is the individual to decide what action will be taken.

Is it against military policy to keep a reservist or officer with theft or fraud charges?

Yes, it is against military policy for an officer to behave in this manner. It is not legal to engage in fraud or break the law in anyway, but the military is very particular. Commanders bring the charges against those in the military. No others have the power to force the military to bring charges against an individual. All that can be done is to report the particular person to his or her commander and allow the commander to decide what actions to take. The contact bases to report such actions are the Judge Advocate General, the inspector general’s office, the military police or even the criminal investigation division at the base where he or she serves. Ultimately though, the allegations will go to this soldier’s commander and it is that person that will make the decision on what action to take.

Whether civilian or a military individual, when legal questions arise, it is important to know where to turn to for the valuable information that you need. It can be quite expensive to consult with an attorney, and therefore a legal Expert online is the next best option. If you have other questions, verified military Experts are available to answer all your questions, all hours of the day.

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