Purported Enlistment of Convicted Felon in the Marine Corps

An advance decision was requested as to whether a death gratuity could be paid to the widow of a person who enlisted in the Marine Corps and died while in an unauthorized absence status. The purported enlistment in the Marine Corps of a person convicted of a felony was void, even though the recruiter knew of the conviction, since such enlistment was prohibited by law and the recruiter had no authority to nullify the statutory prohibition. Since the enlistment was void, the individual never achieved the status of a member of the Marine Corps, and his death prior to his formal separation from the Marine Corps did not result in his survivor's entitlement to payment of a death gratuity.