United States v. Jon Mike Adams

Jon Mike Adams appeals his conviction for failure to submit to induction, in violation of 50 U.S.C. App. § 462. Defendant urges that he was ineligible for induction and therefore entitled to refuse to “step forward” after reporting at the induction center, because Army officials failed to comply with Army Regulation (AR) 601-270, pertaining to moral standards and moral waivers. We hold that defendant was not, for this reason, ineligible for induction, and affirm.

AR 601-270, Ch. 3, Section I, at 3-9(b) (2) provides, in part, that a registrant who has been convicted “of one or more misdemeanors (nonminor) and/or four or more minor offenses (nontraf-fic) may be approved or disapproved for induction” by the U. S. Army Recruiting District Commander within whose area the Armed Forces Examination and Entrance Station (AFEES) of the registrant is located, “if in the opinion of the commander such action is warranted.”

AR 601-270, Ch. 3, Section I, at 3-9(f) provides that applications for moral waivers referred to the U. S. Army Recruiting District Commander must be submitted on an “Application for Determination of Moral Eligibility for Induction (DA Form 2981).” Under Appendix W-3 to AR…