United States v. Dancy

GLADIS, Judge:

The accused contends for the first time on appeal that the court-martial which convicted him lacked jurisdiction because his enlistment was tainted by recruiter misconduct. See United States v. Russo, 1 M.J. 134 (C.M.A.1975). He alleges that he was discharged from the Army prior to completion of basic training by reason of poor attitude in December 1975; that he attempted to enlist in the Marine Corps, but was processed for a waiver of the reenlistment code which rendered him ineligible and rejected in January or February 1976; and that he was advised by the recruiter to return…