Allen Philip Hamilton, Jr. v. Commanding Officer, Armed Forces Examining and Induction Station

Hamilton was inducted into the army on July 29, 1963, by appellee. He wants out. He complains of the procedures used and the rulings of his draft (selective service) board. In his last year before induction, he was asserting the condition of his mother as a reason for a dependency exemption or deferment.

At about the hour of Hamilton’s induction, his attorney filed in a United States district court a petition for a writ of habeas corpus. The validity of the induction was tried before the district court and all relief denied. On this, appeal, we affirm the order of the district court.

As is normal in such a case, there is a thick file from the selective service board. We detail some of the chronology we find there.

Hamilton was 18 years old on October 17, 1955, and a few days thereafter registered with Local Board No. 30, Richmond, California. It would appear that his status as a college student kept the army away from his door until some time in 1960 or 1961. For about two years in 1960-1962 he did not get inducted chiefly because of injuries in an automobile accident which lingered on. His father died January 21, 1961, leaving his wife, Barbara, and son Allen, the appellant…