United States v. Kilbreth

OPINION OF THE COURT

Quinn, Judge:

The question presented by this appeal is whether the accused was subject to court-martial jurisdiction.

Pursuant to 10 USC §673a, as implemented by Executive Order No. 11366, 3 CFR 676 (1966-70 Comp) and by AR 135-91, the accused was ordered to active duty because of unsatisfactory participation in training meetings of his Arkansas National Guard unit, in the period from January 18 through March 15, 1970. The accused, however, did not report. Eventually he was apprehended, placed under military control, and brought to trial before a special court-martial on a…