United States v. Michael Henry Ward

Ward was convicted for violation of 50 U.S.C. App. § 462, refusal to submit to induction. We reverse.

On March 18, 1968, Ward was ordered to report for induction. That same day, the induction was “postponed until further notice”, and Ward was reclassified I-S(C) [student deferment] “until October 1968.” On March 29, 1968, Ward completed and returned Selective Service Form 150, in which he described his conscientious objection to war. The board then classified Ward I-A-0 [eligible for non-combatant military training] on April 17, 1968. Within the 30-day appeal period, Ward visited the local board offices and, in response to his inquiries, a board secretary allegedly informed him that he could not appeal his I-A-0 classification without “new evidence.” In mid-June of 1968, Ward withdrew from his college courses with the intention of enrolling in a “bible school” to become a minister. On August 16, 1968, Ward received a new induction order and, after one postponement, reported on January 9, 1969, but refused induction.

The question presented on appeal is whether the local board erred on April 17 by classifying Ward I-A-0 at a time when he was a college student and legally entitled…