United States v. Craig Walter Hirt

Craig Walter Hirt appeals from his conviction in December, 1971, after trial before Judge Zirpoli, sitting without a jury, for failure to submit to induction on or about August 12, 1970, following his classification as a conscientious objector willing to serve in the Armed Forces as a non-combatant, class I-AO. Sentence was suspended and Hirt was placed on probation for four years on condition that he perform work of national importance for 24 consecutive months.

After Hirt was found physically qualified, and notice to report for induction on June 24, 1970 had been mailed to him, Hirt submitted, on June 23, 1970, a written claim for change of classification from I-AO to I-O, which would have entailed service outside the Armed Forces. The Board reviewed the case but did not. reopen his classification and he was directed to appear for induction on August 12, 1970.

The only claims of error which merit mention are that the local board should have reopened Hirt’s classification upon the filing, of his claim for change of classification, and the failure of the state director to review this belated claim. We find no error and affirm the conviction.

In support of his claim for…