[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR3.14]

[Page 163]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 3_ADJUDICATION--Table of Contents
 
     Subpart A_Pension, Compensation, and Dependency and Indemnity 
                              Compensation
 
Sec. 3.14  Validity of enlistments.

    Service is valid unless the enlistment is voided by the service 
department.
    (a) Enlistment not prohibited by statute. Where an enlistment is 
voided by the service department for reasons other than those stated in 
paragraph (b) of this section, service is valid from the date of entry 
upon active duty to the date of voidance by the service department. 
Benefits may not be paid, however, unless the discharge is held to have 
been under conditions other than dishonorable. Generally discharge for 
concealment of a physical or mental defect except incompetency or 
insanity which would have prevented enlistment will be held to be under 
dishonorable conditions.
    (b) Statutory prohibition. Where an enlistment is voided by the 
service department because the person did not have legal capacity to 
contract for a reason other than minority (as in the case of an insane 
person) or because the enlistment was prohibited by statute (a deserter 
or person convicted of a felony), benefits may not be paid based on that 
service even though a disability was incurred during such service. An 
undesirable discharge by reason of the fraudulent enlistment voids the 
enlistment from the beginning.
    (c) Misrepresentation of age. Active service which was terminated 
because of concealment of minority or misrepresentation of age is 
honorable if the veteran was released from service under conditions 
other than dishonorable. Service is valid from the date of entry upon 
active duty to the date of discharge.
    (d) Honorable discharges. Determinations as to honorable service 
will be made by the service departments and the finding shall be binding 
on the Department of Veterans Affairs, but, in the case of an alien, the 
effect of the discharge will be governed by Sec. 3.7(b).

[26 FR 1567, Feb. 24, 1961, as amended at 27 FR 4024, Apr. 27, 1962]