Please read below before answering.

From this site it states the following regarding administrative discharges from the military:



1) Are there administrative discharges other than those listed above that would apply to a military reservist, vs someone who is active duty?

2) Purely hypothetically, if a military reservist fakes an injury that is not related to any military duties, and uses that injury to separate from the military under honorable conditions for the purpose of maintaining future VA or other benefits, is that a crime?

while i'm not in militry law or admin, it seems to me that YES, it is a crime. He unlawfully seperated in my opinion.

said person is pretty low in my opinion

Faking an injury to avoid performing duty is actually a specific charge under UCMJ.  There is no statute of limitations that I am aware of, though since he is out now, he is probably not touchable for that.  However, obtaining Federal benefits by fraud is certainly a crime, though proving the intent might be tricky.

Interestingly enough, obtaining a discharge through fraud would be hard to handle, because as a civilian it's difficult (not impossible, but very difficult) to punish under UCMJ and because there is probably not a part of the USC that covers fraudulently obtaining a discharge from the Armed Forces.  While he might lose his benefits, I doubt his former branch would want to go through the bother of a General Court Martial.  Perjury would require evidence that he knowingly lied about his injuries directly- that would be very difficult to prove, though I suppose it would be possible if he's dumb enough.

Overall, good luck getting this guy punished.

Faking an injury would be punishable as Malingering.

Thanks guys.  If it becomes public, I'll be sure to post an update.

If you commit a crime while in the military, doesn't matter if you are AD or Reserve, get out and are later caught they can bring you back in and charge you.