United States v. Burden

OPINION OF THE COURT

At the time of appellant’s induction into the armed forces, failure to pass the Armed Forces Qualifications Test coupled with an inability to read and write in the English language was a nonwaiva-ble bar to induction.1 The uncontested evidence of record indicates that appellant advised an induction official of his reading and writing disability. The official, in turn, directed appellant "to sign the test, and the dude would take care of it.” For substantially the same reasons we enuniciated in United States v Russo, 23 USCMA —, 50 CMR — (Aug. 1, 1975), appellant’s…