United States v. Bruce Howard Neckels

Appellant was indicted, tried and convicted in a court trial for violation of 50 U.S.C. App. § 462 [refusal to submit to induction into the Armed Forces]. He appeals. We affirm.

FIRST ISSUE

Relying upon United States v. Baray, 445 F.2d 949 (9th Cir.1971), and similar cases, appellant asserts that his conviction cannot stand by reason of the failure of the local board to provide him with a medical interview as outlined in 32 C.F.R. § 1628.2 (b).

In November, 1966, appellant was given his first preinduction physical and was found fully qualified for induction. He was classified I-A. In January, 1967, he received a I-S-C classification and in August of the same year was classified II-S in order to complete his college education. His education completed, he was again classified I-A in May, 1968. Shortly after receipt of this classification, appellant wrote a letter to his local board in which he claimed certain physical disabilities and suggested that the board contact his doctor. The board responded by asking appellant to have his doctor write a letter outlining appellant’s physical condition and defects. On July 5, 1968, the board received from appellant’s doctor a letter, the…