United States v. Overton

I dissent.

My colleagues note that accused’s initial underage enlistment was absolutely void, and they find that the Government has made no showing that accused’s status ever changed after his *689seventeenth birthday; that any continuation in his service was contingent upon a condition which was never fulfilled ; and that his mother took affirmative action to terminate accused’s status. Accordingly, they conclude the court-martial lacked jurisdiction over accused. I cannot agree.

I

In United States v Blanton, 7 USCMA 664, 23 CMR 128, we held that a youth under age seventeen is incompetent to…