United States of America, and v. Patrick Munro Whelan, And

The defendant was found guilty of refusing to be inducted into the Armed Forces of the United States. He appeals from the judgment of conviction.

The defendant raises several issues challenging the validity of his order of induction. We find all issues raised are without merit, and affirm.

The issue raised by defendant which is crucial to a disposition of this case is whether the local Board should mail a notice to report for pre-induction physical to an address telephoned-in to the Board or whether the Board should mail such notice to the home address of defendant as confirmed by his signature. 32 C.F.R. 1641.7(a) requires that a registrant report a change of address in writing.

The appellant claims that he need not follow the regulation controlling any change of address by a registrant under the Selective Service Act. The appellant claims, and it is recorded in his file, that a phone call was made reporting a change in his home address, but there is no indication in his selective service file who made or received the call and no other evidence on this point was offered by either side.

The Court must accept the agency’s construction of its own regulation if it is not plainly…