United States v. Edward Lewis Lane, Jr.

Appellant was convicted for refusing to submit to induction in violation of 50 U.S.C. App. § 462(a). We affirm.

On June 16, 1969, appellant’s local board mailed him an order to report for induction on July 9. On July 8, appellant filed a conscientious objector claim. The board postponed appellant’s induction to review his claim. Concluding that there had been no change in status resulting from circumstances beyond appellant’s control, 32 C.F.R. § 1625.2 , the board refused to reopen his classification and directed him to report for induction on October 1.

Appellant argues that he was called out of proper order from among the group of registrants available for induction in October. The trial court held that the July order of call, under which appellant was concededly properly included among those called, remained controlling as to him spite the postponement of his induction. We agree.

Under 32 C.F.R. § 1632.2 (a), a registrant whose induction has been postponed cannot be inducted during the period of postponement. The induction order remains valid, however, the postponement operating only to defer the reporting date. 32 C.F.R. § 1632.2 (d). When the postponement period…