A Digest of Opinions of the Judge Advocate General of the Army With Notes

Cover A Digest of Opinions of the Judge Advocate General of the Army With Notes
A Digest of Opinions of the Judge Advocate General of the Army With Notes
United States Army Office of the Judge Advocate
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] 2. A mere non-compliance with an army regulation, in mak- ing an enlistment, does not xjer se affect the validity of the contract. Thus the fact that the recruiting officer has know- ingly enlisted a married man in derogation of par. 930 of the Regulations, or that a married man has procured himself to be enlisted under a representation that he was unmarried, does not affect the validity of the enlistment. In such a case the President or Secretary of War may, in his discretion, forthwith disc...harge the soldier under the Fourth Article of War, or may hold him regularly to service for the term for which he has enlisted. ^ XXXII, 72 j XXXVIII, 616; XXXIX, 467.
3. Sees. 1116-1118, Eev. Sts. , providing that deserters, con- victed felons, insane or intoxicated persons, and certain minors, shall not be enlisted, &c. , are regarded as directory onl^', and ^ "On a charge of desertion, or other offence against mili- tary discipline, it will be sufficient to prove that the accused received the pay, or did the duties of a soldier, without other l^roof of his enlistment or oath.


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