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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
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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