United States v. Ronald Carl Sanders

Sanders appeals from his conviction by the court sitting without a jury for failure to report as ordered for induction into the Armed Forces, 50 U.S.C. App. § 462. We affirm.

At his preinduction physical examination, Sanders listed on Standard Form 89 several ailments from which he had suffered, including swollen or painful joints, frequent or severe headaches, frequent indigestion, frequent trouble sleeping, and depression or excessive worry. His systolic blood pressure reading at the preinduction physical examination was 138. Army Regulations 40-501 state that 140 is disqualifying. Sanders claims that his reading of 138 combined with the information on Form 89, required that he be further examined for possible hypertension under AFEES Medical Notes j[ 13 (January 24, 1969) before a valid induction order could be issued.

We do not agree. AR 40-501 provides only that a systolic blood pressure reading of 140 or above disqualifies. AFEES Medical Notes f[13 provides that individuals with readings between 136 and 139 who have a history of hypertension in the past should be tested further for possible temporary or permanent disqualification. Assuming that the Medical Notes are…