United States v. Bernell Scott Boswell

Boswell was convicted for having failed to report for induction into the Armed Forces, in violation of 50 U.S.C.App. § 462(a). Boswell here concedes that he disobeyed the Order to Report, but he maintains that the Order was invalid. We disagree; hence, we affirm the judgment of the District Court.

Boswell first argues that he should have been found disqualified for military service at his pre-induction physical examination. He contends that he was found by the examining physician to suffer from “chronic allergic rhinitis,” a condition Boswell claims to be prima facie disqualifying. The contention is without merit. First, it is unclear from the medical report whether the “finding” at issue was even made by the physician as a medically diagnostic conclusion ; it could well be merely a report of a representation made by Boswell him self during the taking of his medical history. Assuming, however, that the “finding” reflects the genuine conclusion of the medical examiner, it nevertheless does not dictate the registrant’s automatic disqualification for military service.

Army Regulation 40-501, the pertinent subsections of which are set out in the margin, specifies only particlar…