FRAUDULENT ENLISTMENT:

Punishment: Court Martial.

"Any person procuring himself to be enlisted by means of
willful misrepresentation or concealment as to his qualifications
for enlistment and shall receive pay or allowance," ...
This offense requires two (2) steps:
(1) Misrepresentation or concealment.
(2) Receiving pay or allowances.


ARTICLE 58.

DESERTION:

Punishment: (Wartime) Death or Court Martial. (Peacetime) Court
Martial.

"Any person--who deserts or attempts to desert in time of War
... death or such other punishment as the court martial may
direct ... any other time any punishment except death."
Essential features are:
(1) An intent not to return.
(2) An overt act of separation from duty.
Drunkenness tends to show absence of the intent.
Minority is no defense.
Enlistment while in desertion does not remove the charge
of desertion.