United States v. Barrett

OPINION OF THE COURT

In addition to the uncontested evidence of record, an unopposed and unre-butted post-trial affidavit from appellant’s mother indicates that the appellant elected to enter the Army in 1967 rather than serve a 4-year term in a Utah reformatory following his juvenile conviction for rape, breaking and entering, and assault.

As in United States v Catlow, 23 USCMA 142, 145, 48 CMR 758, 761 (1974), appellant did not of his own volition seek out a recruiting officer to enlist. Rather, an Army recruiter contacted appellant while he was confined and advised him "to enlist in the Army…