United States v. Nathan Joshua Zablen

Appellant was convicted of refusing induction into the Armed Forces in violation of section 12(a) of the Military Selective Service Act of 1967, 50 U.S.C. App. § 462(a) (1964 ed., Supp. IV). The chronology of events relevant to his appeal is as follows.

On March 22, 1968, appellant’s local board ordered him to report for induction on April 16. On March 25, appellant requested a I-S classification. Appellant’s local board received verification of his enrollment as a student until June 14 but nonetheless improperly (as the government concedes) refused to reopen his I-A classification.

The board did however, cancel appellant’s outstanding induction order and, on June 25, issued a new order requiring appellant to report for induction on July 16 rather than April 16. On June 28, appellant filed a claim for occupational deferment. On July 11, he filed a claim for conscientious objector status. On July 12, the board declined to reopen appellant’s I-A classification to consider either claim on the merits on the ground that there had been no change in his status resulting from circumstances beyond his control.

The government argues that appellant was not prejudiced by the unlawful…