United States v. Richard Burman Bray

Bray appeals from a conviction for refusal to submit to induction into the armed forces, in violation of 50 U.S.C. App. § 462. The issue presented on this appeal is whether Bray’s local draft board acted contrary to Selective Service Regulations in refusing to reopen his I-A classification for the purpose of considering his claim to a I-S deferment. We conclude that Bray’s local board acted improperly, and we reverse.

In September, 1968, Bray enrolled at the Green River Community College for the fall quarter of the 1968-1969 academic year. He did not enroll for the winter quarter. On December 19, 1968, Bray’s local board classified him I-A. On February 21, 1969, the Registrar of Green River Community College mailed Bray’s local board an SSS Form 109, showing that Bray had been accepted in a full-time course of instruction for the spring quarter, 1969, to commence on or about March 28, 1969. On March 17, 1969, Bray was ordered to report for induction on April 16, 1969. On April 11, 1969, Bray wrote his local board, advising that he was then engaged in a full-time course of instruction pursuant to his earlier enrollment. Bray reported to his induction center on April 16 but refused…