United States v. Langdon Smith Foster

Appellant was convicted of violating the Universal Military Training and Service Act for refusing to submit to induction. Because we feel that a prima facie ease for a III-A hardship deferment had been made out, the draft board’s failure to reopen requires that we reverse the judgment of the trial court.

The pertinent facts reveal that appellant was scheduled to report for induction on October 15, 1968. Due to the fact that his mother was about to undergo a serious eye operation, would be unable to work and would require extensive post-operative care, appellant was granted his request for a postponement of induction “until further notice.” On November 15, 1968, after a review of the facts, the local board set December 3, 1968 as the new induction date. Prior to November 15th, however, appellant was sent as SS Form 118, Dependency Questionnaire which, upon completion, would have enabled him to formally request a III-A hardship deferment. Appellant never returned this form, but rather requested another postponement due to the fact that his mother was to have a second eye operation.

Once again, appellant’s induction was postponed, this time to February 4, 1969. On January 22, 1969,…