United States v. Stanley Albert Kohls

Kohls was convicted of failure to submit to an armed forces physical examination as ordered and refusal to be inducted into the armed forces, both violations of 50 U.S.C. App. § 462(a). We affirm the conviction on the first charge and reverse it on the second.

In August, 1966, Kohls’ draft board classified him II-S, until June, 1967. Kohls appealed, stating that he could not conscientiously accept a deferment which discriminated against the poor, and requesting that he be classified I-O. He was granted a personal appearance, following which the board retained him in class II-S. In October, 1966, Kohls appealed. However, he was never afforded the appeal requested.

In June, 1967, the board ordered Kohls to report for a physical examination on July 14, 1967. He reported and was found “not presently acceptable for induction.”

On March 29, 1968, Kohls was ordered to report for a second physical examination on April 12. On April 2 the board classified him I-A and sent him notice of the classification and of his right to appeal. Kohls reported for his physical examination on April 12 but refused to submit to processing. On August 6, the board ordered him to return and complete…