United States v. Peter Michael Marcovich

Appellant was convicted and sentenced for a violation of 50 U.S.C. App. § 462(a) (1970 ed.), failure to submit to induction into the military service. He appeals on the ground that his induction was invalid because the local board did not have a basis in fact for denying his request for reclassification in class II-A (occupational deferment). He also urges that since neither the local nor the appeal board stated a reason for the denial, his induction notice was invalid under the rationale of United States v. Haughton (9 Cir. 1969) 413 F.2d 736, 739 . We find that there was a basis in fact for the I-A classification and that the failure of the local and appeal board to state a reason for denying the requested deferment does not invalidate the induction order under the facts of our case. We affirm.

I. Factual Summary.

Appellant registered with the Selective Service System on December 14, 1965. While classified and deferred as a student, he requested an occupational deferment, class II-A. In his request he stated he was no longer a student, but had been enrolled in an apprentice carpenter training program since September 30, 1968. The local board met on March 11, 1969, reopened his…