1 M.J. 89 | United States Court of Military Appeals | 1975
OPINION OF THE COURT
At the time of appellant’s induction into the armed forces, failure to pass the Armed Forces Qualifications Test coupled with an inability to read and write in the English language was a nonwaiva-ble bar to induction.
The decision of the United States Army Court of Military Review is reversed. The findings of guilty and the sentence are set aside, and the charges are ordered dismissed.
Paragraph 4-12, Army Regulation 601-270, Personnel Procurement, Armed Forces Examining and Induction Stations (March 18, 1969).
Fraudulent induction is a criminal offense under Article 134, Uniform Code of Military Justice, 10 USC § 934, as well as under the Selective Service Act, 50 USC App. § 462 (1968).