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25 Judge Advoc. J. 1 (1957)

handle is hein.journals/jajrnl27 and id is 1 raw text is: YOU'RE IN THE ARMY- NOW! by Lawrence H. Williams I The moment when a civilian enters the Army not only marks the begin- ning of a new way of life for him, but, in addition, marks the beginning of military jurisdiction over him as a soldier.2 A refusal to obey mili- tary orders prior to that moment is not a violation of military law so as to subject him to trial by court- martial,3 although a refusal to sub- mit to induction is a violation of Federal law for which he may be tried by civil authorities. The Universal Military Training and Service Act, as amended,4 pro- vides pertinently: Sec. 12 (a) * * * No person shall be tried by court martial in any case arising under this title unless such person has been actually in- ducted for the training and serv- ice prescribed under this title or unless he is subject to trial by court martial under laws in force prior to the enactment of this title. * * Similar language was contained in section 11 of the Selective Training and Service Act of 1940 5 and sec- tion 6 of the Selective Draft Act of 1917.6 During World War I, induction of an individual into the Army occurred at the day and hour he was or- dered to report to his local draft board for induction, although a final physical and mental examination tc determine his flitness for military service was subsequently conducted.' Since 1940, however, and at the pres- ent time, induction is accomplished subsequent to an individual's final physical and mental examination for military fitness.8 Therefore, his mere 1 Major, Judge Advocate General's Corps, United States Army, member of the Bar of Colorado, the United States Court of Military Appeals, and the Supreme Court of the United States. The opinions expressed in this article are those of the author and do not necessarily reflect the views of the Secretary of Defense, the Secretary of the Army, or The Judge Advocate General of the Army. 2 Article 2, Uniform Code of Military Justice, 10 U.S.C. 802. 3 Billings v. Truesdell, 321 U. S. 542, (1944); United States ex rel Dia- mond v. Smith, 47 F. Supp. 607 (D. C. Mass. 1942); Stone v. Christensen, 36 F. Supp. 739 (D. C. Ore. 1940). 4 62 Stat. 662; 50 U.S.C. App. 462. 5 54 Stat. 881 894. 6 40 Stat. 76, 80. 7 Patterson v. Lamb, 329 U. S. 539 (1947). 8 Mobilization Regulations No. 1-7, October 1, 1940; Army Regulations 615-500, 1 September 1942; id. 10 August 1944, as amended; Special Regu- lations 615-180-1, 27 April 1950; Special Regulations 615-180-1, 10 April 1953; Army Regulations 601-270, 5 April 1956.

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