United States v. Douglas George Bean

Douglas George Bean was convicted for refusing to submit to induction, in violation of 50 U.S.C. App. § 462(a). His appeal asserts that the order to report for induction was void because it was mailed early.

Bean was born on October 16, 1951, and was classified I-A by his local board on July 14, 1970. On January 1, 1971, Bean became available for induction as a member of the First Priority Selection Group. However, his order to report for induction on January 26, 1971, was sent on December 22, 1970.

The government argues that since Bean’s reporting date was January 26, 1971, at which time he was eligible for selection and induction, the mailing of notice of induction ten days early was not prejudicial, and did not render the notice void.

In ordering Bean to report for induction, however, the Board affected his rights under the selective service laws. Bean was entitled to file an application for conscientious-objector classification at any time up until he was lawfully ordered to report. Ehlert v. United States, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 (1971). He argues that the early order is not authorized by regulations. 32 C.F.R. 1631.7(b); Exec. Order 11563, 35 Fed.Reg.…