United States v. David Bruce Allen

David Bruce Allen appeals from his conviction for willful refusal to submit to induction into the Armed Forces. 50 U.S.C. App. § 462(a). He argues that his induction order was invalid because the local board wrongfully refused to reopen his I-A classification in the face of a prima facie claim for a hardship deferment. We agree, and therefore, reverse.

After being classified I-A on July 25, 1969, Allen, then a student at San Jose State College in California, sent a doctor’s certificate to his local board indicating that his wife was pregnant and was due to give birth on February 15, 1970. On January 20, 1970, Allen returned a Dependency Questionnaire (SSS Form 118) to the board, repeating that his wife was pregnant, and adding that she had been forced to quit her job in December, 1969. Allen also said that he was seeking employment and that neither he nor his wife could expect financial support from others.

The board, on February 12, 1970, declined to reopen Allen’s classification and, on April 17, 1970, ordered him to report for induction. After a series of delays unrelated to the issues in this appeal, Allen refused induction and was convicted. The only substantial question is…