United States of America, and v. Mathew Dusty Wroblewski, Jr.

Appellant was convicted for failing to report for induction as ordered (50 U.S.C. App. § 462). At trial he attempted to introduce evidence to show that he was a conscientious objector but such evidence was ruled inadmissible. The trial judge’s refusal to hear the conscientious objector claim was proper since appellant had never presented that claim to his draft board and thus had failed to exhaust his administrative remedies. Lockhart v. United States, 9th Cir., 420 F.2d 1143 .

Appellant also argues that he was denied due process of law in that his local board’s clerical employees gave him bad advice which erroneously prevented the Board from considering evidence which could have resulted in a reopening of his I-A classification and reclassification as III-A. Appellant testified that he and his wife went to his local board on May 1, 1969, and told the board’s clerks that he had been married on April 12 and his wife was expecting a child. His induction order had been mailed on March 28, 1969, two weeks before his marriage. He claims that the clerks’ advice was that he could not get a III-A hardship classification because he had previously been classified II-S (student deferment).…