Henry Duval Gregory IV v. United States

Appellant was convicted of wilfully and knowingly failing and neglecting “to perform a duty required of him” under the Military Training and Service Act of 1967 (50 App. U.S.C. § 462) in that he refused to submit to induction into the Armed Forces of the United States.

The facts essential to a determination of this appeal are these: Appellant twice returned to his local draft board at Roanoke, Virginia, his Notice of Classification, the second time partially burned. On November 3, 1967, he was declared delinquent “for failure to have your classification card in your possession.” On November 20, 1967, he was ordered to report for induction at Roanoke on December 13, 1967. At appellant’s request he was transfered to a local board in California and subsequently was ordered to report for induction on January 10, 1968. He reported at the induction center but refused to undergo any of the prescribed processing. Thereafter he was indicted for failure to submit to induction, tried by a jury, and convicted.

We conclude that reversal is required by Gutknecht v. United States, decided by the Supreme Court on January 19, 1970, 396 U.S. 295 , 90 S.Ct. 506 , 24 L.Ed.2d 532 . Under a similar…