United States v. Ewing

DRIBBEN, Judge:

OPINION OF THE COURT ON FURTHER REVIEW

A DuBay1 type hearing was held in the case sub judiee, at the direction of this Court, to more fully develop the facts surrounding appellant’s enlistment in order that we might determine a jurisdictional issue alluded to but left unresolved in the trial on the merits.

During the course of this limited rehearing the following pertinent facts were developed regarding the enlistment of appellant. While completing his enlistment papers appellant made some mention to the recruiters, albeit unspecific and apparently in a joking manner, that he had…