United States v. Robert Carl Miller

Appellant, Robert Carl Miller, appeals from a judgment of conviction for violation of 50 App.U.S.C. § 462. The sole defense tendered by the appellant is that the local board committed procedural error when it failed to consider a letter from his psychiatrist at the time he made a personal appearance before the board seeking to reopen his classification.

Appellant was classified, 4-F September 17, 1964 following incarceration by the California Youth Authority, and on June 10, 1965 reclassified I-Y during a period of parole, which terminated August 18, 1966. On November 10, 1966 appellant reported to the Armed Forces Entrance and Examining Station [hereinafter AFEES] for a pre-induction physical and was rejected, apparently for psychiatric reasons (SSF 42). Appellant was next examined on September 15, 1967, at which time he was given a neuro-psychiatric consultation and found to be disqualified. The local board rescheduled another examination on December 8, 1967, at which time appellant was determined to be acceptable. And on February 21, 1968 the board classified him I-A.

After being classified I-A, by letter dated March 19, 1968, appellant requested a personal interview with the…