United States v. Alfred Loren Wallace

Wallace was indicted and convicted on a charge of violation of 50 U.S.C. App. § 462, failure to report for induction into military service. He urges on appeal that his induction order was invalid because of various substantive and procedural errors committed by his local selective service board. The government does not attempt to support the action of the local board, but contends the classification of Wallace by the appeal board was proper and controlling. We affirm.

1. Factual Summary.

Wallace registered for the draft on July 20, 1960. He was deferred as a student (Class II-S) while receiving his undergraduate and graduate education. In February 1966, Wallace informed his local board that he had accepted a teaching position with the University of Illinois and requested an occupational deferment (Class II-A). The university submitted letters in Wallace’s behalf, urging that he be deferred because of the shortage of college teachers.

Wallace had filed his classification questionnaire [SS No. 100] on May 9, 1963. He did not sign Series VIII contained therein and made no claim as a conscientious objector. In June 1966, Wallace filed a form 150 requesting deferment as a…