United States v. Mario Stevens Lopez

Appellant was convicted of refusing to submit for induction into the armed forces in violation of 50 U.S.C.App. § 462. The sole issue is whether the conviction should be reversed because of the failure of appellant’s local board to advise him of his right to consult a government appeal agent.

On March 2, 1967 appellant was classified I-A. On March 6 the National Director of Selective Service issued Local Board Memorandum 82, which required local boards, “at the time the Notice of Classification (SSS Form 110) is mailed,” to notify a registrant classified I-A, I-A-O, or I-O, “of the name of the Government Appeal Agent and inform the registrant that the Government Appeal Agent is available to advise him on matters relating to his legal rights, including his right of appeal.” On the following day, March 7 SSS Form 110 was mailed to appellant advising him of his I-A classification. He was not advised of the availability of the Government Appeal Agent pursuant to Local Board Memorandum 82.

Appellant did not appeal his classification, did not enter a personal appearance before his local board, and as far as shown by the record did not consult any local board. On October 30, 1967…