Fraudulent Enlistment in the Army

May 3, 2025

A fraudulent enlistment in the Army is defined and regulated by AR 635-200, Chapter 7, available at this link. In order to qualify as a fraudulent enlistment in the Army, the following elements must be met:

the previously concealed information is, in fact, disqualifying, in accordance with AR 601-210 or AR 601-280; and,
the information at hand (i.e. medical condition, criminal arrest/conviction, etc.) must be verified by the Commander. Interestingly, an AR 15-6 investigation is required to be completed by the Commander to verify the information in question

Any incident that meets both of these tests may be cause for separation due to fraudulent enlistment in the Army. Some common examples that could result in a fraudulent enlistment are:

concealment of prior service;
concealment of true citizenship status;
concealment of a prior conviction;
concealment of a juvenile conviction;
concealment of a medical defect;
concealment of AWOL/Deserter Status from prior service;
misrepresentation of intent with regard to legal custody of children; and,
concealment of some other disqualification, such as using a false identity

A Commander who believes a Soldier who enlisted under false pretenses, after it verifying the information through an AR 15-6 investigation, has several options available. In some circumstances, if the disqualification is waivable, he/she can recommend to the appropriate authority (BDE CDR or CG) that the Soldier be retained. The Commander can also initiate separation proceedings.

If the Command only seeks a General Discharge, then the Soldier in question must be given notice of the alleged fraudulent enlistment in the Army and the opportunity to provide a written response, which can include additional evidence and legal argument; lawyers can be retained to assist. In these cases, the accused's Brigade Commander is the Separation/Retention Authority.

If the Command seeks and Other than Honorable Discharge, then the Soldier in question will be afforded the opportunity to appear before a Separation Board, which is essentially a one-day mini-trial. In these cases, the Soldier in question has the right to be represented by Counsel.

Although unlikely, a Court-Martial may be pursued for fraudulent enlistment in the Army. In these cases, Article 104b of the UCMJ is the controlling authority. The following elements must be proven:

That the accused effected the enlistment, appointment, or separation of the person named;
That this person was ineligible for this enlistment, appointment, or separation because it was prohibited by law, regulation, or order;
That the accused knew of the ineligibility at the time of the enlistment, appointment, or separation

Any Soldier accused of a fraudulent enlistment in the Army does have the ability to fight back, despite what his/her chain of command may say. Often times a Soldier forgets about things that happened to him/her as a child, or did not fully understand them, and/or the questions that were asked during the enlistment process. While TDS is available to assist, they are often overworked and unwilling to provide the time and attention needed to collect additional evidence and submit a quality rebuttal. Civilian lawyers can be retained to assist, which allows a Soldier to be represented by an experienced Military Lawyer with a proven track record of success and quality reviews from former clients.

Additionally, if a Veteran was unjustly kicked out for a fraudulent enlistment in the Army, he/she can apply to the discharge review board and/or the ABCMR to correct his/her DD214. Retaining a lawyer in these situations greatly increases the chances for success.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success.

The Law Office of Matthew Barry represents Servicemembers and Veterans worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.