United States v. Robbins

I consider the majority decision to be an unwarranted and undesirable expansion of the principles enunciated in United States v. Russo, 1 M.J. 134 (C.M.A.1975). I would find that the court-martial had jurisdiction to try this service member, and I would affirm his conviction.

The evidence leaves no doubt that appellant enlisted in the Navy in 1974. There is no contention that he lacked capacity to contract, or that his enlistment was not voluntary. The issue then becomes whether there are any circumstances surrounding appellant’s enlistment that would require the court-martial to declare the…