Jerry Don Bookout v. Geraldine B. Thomas, Executive Secretary Local Board Number 73, Selective Service System of the Armed Forces of the United States

Appellant’s draft board classified him I-A. He was ordered to report for induction into the Armed Forces and failed to do so. On January 15, 1969, appellant was indicted for failing to report for induction pursuant to Section 12 of the Selective Service and Training Act. Such action has not been tried.

In September 1968, appellant brought this action against the appellees in the United States District Court for the Central District of California. In summary he alleged that he is a duly ordained minister and full time acting minister of the Gospel of the Church of Christ and entitled to the exemption provided for in Section 456(g) of the Act; that alternatively he is entitled to a deferment exemption as a conscientious objector; that he furnished to the Board sufficient evidence of his classification as a minister, which classification was wrongfully denied him; that in so doing the Board violated the Act and regulations by:

(a) sending a notice to report for induction while an appeal was pending;

(b) ' failing to reconsider reclassification on the basis of information previously submitted; and

(c) failing to reopen and reclassify him on the basis of a demonstrated change in…