United States v. David John Stupke

Appellant appeals his conviction of violation of 50 U.S.C. App. § 462. He complains that (1) he was erroneously retained in a 1-A classification following a February 5, 1969 induction when a physical examination, his first at that time, showed him to be physically disqualified by reason of mononucleosis, and he therefore claims he was entitled to a 1-Y classification; and (2) he further complains that his claim for C.O. classification filed after he received notice of induction on May 25, 1970 was improperly rejected.

Appellant’s first contention fails because he shows no prejudice as a result of his 1-A classification following his physical examination of February 5, 1969. He does not contend, and could not show, that he was improperly classified 1-A following his second physical examination on January 29, 1970, or that the February 5, 1969 classification caused the May 25, 1970 induction order to be issued prematurely; or that his October 5, 1970 claim for C.O. classification filed more than four months after the valid induction order of May 25, 1970 might have been timely had he been properly classified twenty months earlier.

Appellant’s reliance on United States v. Zablen,…