United States v. Burns

Opinion of the Court

Quinn, Chief Judge:

On this appeal the accused contends that the court-martial which tried him for several offenses in violation of the Uniform Code of Military Justice lacked jurisdiction, because he had been previously discharged. The contention stands or falls on the legal effect of a document titled “Honorable Discharge” which was issued to the accused on February 26, 1964.

The accused was born on September 11, 1937. On February 24, 1958, he enlisted in the Regular Army for three years. In late 1960, some months before completion of the term of his enlistment, he was…