United States v. Gennosa

GLADIS, Judge:

The issue in this case is whether the special court-martial which convicted the accused lacked personal jurisdiction because of recruiter misconduct in procuring his enlistment. We find jurisdiction because the *765recruiter misconduct involved waivable regulatory defects. United States v. Stone, 8 M.J. 140 (C.M.A.1979).

After the jurisdictional issue was litigated at trial, the military judge found that the accused was ineligible to enlist because he had committed the criminal offenses of assault, battery, and sale of narcotics and that the recruiter who enlisted him knew he was…