James M. Wallace, Pfc., Usmcr v. John H. Chafee, Secretary of the Navy

The United States appeals from an order of the district court (reported at 323 F.Supp. 902 ) granting a writ of habeas corpus to James M. Wallace, a member of the U. S. Marine Corps Reserve, following Wallace’s court-martial conviction for disobeying a military order to get a haircut. The district court granted habeas relief on the ground that the court-martial lacked jurisdiction. We hold the court-martial had jurisdiction, and reverse.

Wallace voluntarily enlisted in the Fourth Tank Battalion, U. S. Marine Corps Reserve, on January 9, 1967, for a term of six years. The enlistment contract obligated him for six months active duty for training (which was completed in 1968), and for five-and-one-half years of inactive duty training assemblies and two weeks of active duty summer training per year.

At the time of his enlistment on January 9, 1967, immediately prior to taking the enlistment oath and signing the enlistment contract, Wallace acknowledged in writing the acceptance of orders which required him to perform the annual training described above, and which stated:

The acceptance of these orders, tendered to Wallace pursuant to 32 C.F.R. § 713.607 , was a precondition of…