United States v. Westfield

The issue in this case is whether recruiter misconduct in concealing the accused’s preservice use of marijuana and failure to obtain a required waiver of the accused’s record of civilian offense precludes the Government from relying on a constructive enlistment, where the accused was processed for discharge by reason of fraudulent enlistment, but was retained in the Navy at his request. It does not.

Accepting the trial judge’s determination that the accused informed the recruiter of his preservice use of marijuana, a disqualifying defect in the absence of a waiver, I agree that the concealment…