United States v. Hurd

BAUM, Senior Judge:

Appellant challenged the court’s jurisdiction over him at trial, citing United States v. Russo, 23 U.S.C.M.A. 511, 50 C.M.R. 650 (1975). He testified that he enlisted on the promise that he would go to hospitalman “A” school. Appellant was sworn into the U. S. Naval Reserve (delayed entry program) on 21 June 1977 with the understanding that he would enlist in the Regular Navy when it was time to come on active duty for the promised schooling. When that time arrived, 24 July 1977, he was discharged from the reserves and enlisted in the Regular Navy, but he was told that he…