United States v. Mark Burdick Bowen

Appellant refused induction into the armed forces, was indicted and found guilty of a violation of 50 U.S.C. App. § 462. On this appeal, the sole issue is whether his local board violated Selective Service Regulations [ 32 C.F.R. § 1631.7 (d)(5)] in issuing the order to report. The regulation, set forth in the margin, deals with the Extended Priority Selection Group (EPSG).

After an initial classification of I-A, appellant was given a student deferment and classified II-A. Following a physical examination, he was found qualified for military service in February 1970. He asked for SSS Form 150 which, after completion and return, resulted in a denial of classification as a conscientious objector. Bowen appealed that ruling and, on February 17, 1971, the appeal board classified him I-A. The records were returned to the local board on February 24. Meanwhile, on January 1, 1971, he had been transferred to the EPSG. On March 15, 1971, he was ordered to report for induction on April 26, 1971. He refused induction and was prosecuted.

Because his induction date was after April 1, Bowen contends that he should have been assigned to the lower priority selection group and would not have…