Russel Milton Wills v. United States
Opinion
Opinion
Merrill, J.
Appellant stands convicted of refusal to submit to induction into the Armed Forces in violation of 50 U.S.C.App. § 462 and 32 C.F.R. § 1632.14 . He has taken this appeal from judgment.
The basis of his refusal to be inducted was his contention that he was classified I-A and summoned for induction because of his action in destroying his draft card as a protest against the Government’s policies and actions with respect to Vietnam, and that his classification into I-A was void as a violation of his constitutional right to freedom of speech.
On October 15, 1965, appellant, a full-time student with a II-S deferment, wrote the following letter to his local draft board in Berkeley, California:
On October 23, 1965, appellant was notified by his loéal board that he had been reclassified I-A. No reason for reclassification was given, although the notice advised him of his right to a personal appearance and to an appeal, and also stated: “FOR INFORMATION AND ADVICE GO TO ANY LOCAL BOARD.” Appellant did not request a personal appearance or take an appeal. On January 31, 1966, he was ordered to report for induction. On February 24, 1966, he refused induction.