N.Y. Military Law 130.79 – Fraudulent enlistment, appointment, or separation
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§ 130.79. Fraudulent enlistment, appointment, or separation. Any person who–(1) procures his own enlistment or appointment in the organized militia by means of knowingly false representations or deliberate concealment as to his qualifications for such enlistment or appointment and receives pay or allowances thereunder; or
Terms Used In N.Y. Military Law 130.79
- Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;
(2) "Officer" means a commissioned officer including a commissioned warrant officer;
(3) "Superior officer" means an officer superior in rank or command;
(4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;
(5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;
(6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;
(7) "Military court" means a court-martial, a court of inquiry, a provost court;
(8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1
(2) procures his own separation from the organized militia by means of knowingly false representations or deliberate concealment as to his eligibility for such separation; shall be punished as a court-martial may direct.