United States v. George Michael Weldon

Appellant was convicted of refusing to be inducted into the armed forces in violation of 50 U.S.C. App. § 462.

1. He contends that the Government failed ,to prove that he was called for induction in the order set out in 32 C.F.R. § 1631.7 . He has, however, produced nothing to suggest that he was called out of turn. Under these circumstances the presumption of regularity of Board action prevails. United States v. Baker, 416 F.2d 202 (9th Cir. 1969); Rusk v. United States, 419 F.2d 133 (9th Cir. 1969).

2. Appellant contends that the order of induction signed by the clerk of the Board was not a Board order. The contention is without merit. United States v. Doran, 418 F.2d 1226 (9th Cir. 1969); United States v. Baker, supra. See United States v. Stark, 418 F.2d 901 (9th Cir. 1969), in which the court in banc overruled in part Brede v. United States, 396 F.2d 155 (9th Cir.), modified on rehearing, 400 F.2d 599 (9th Cir. 1968).

3. There was basis in fact for the Board’s rejection of appellant’s claim of conscientious objection. See United States v. Corliss, 280 F.2d 808, 816 (2d Cir.), cert. denied, 364 U.S. 884 , 81 S.Ct. 167 , 5 L.Ed.2d 105 (1960) (similar criteria used by court…