United States v. McDonagh

I concur in the opinion of Chief Judge Everett except as to portions of section IIC.

United States v. Ornelas, 2 U.S.C.M.A. 96, 6 C.M.R. 96 (1952), cited there, is a unique case. Ornelas, a United States citizen by birth but a resident of Mexico from childhood, made inquiries about enlisting in the Army in 1943. He received a notice to report for physical examination and induction into the Army. He reported, took and passed the physical examination, but did nothing more. He was given permission to return to Mexico and did. He was never administered the oath of induction and never served in the…