United States v. Daniel John Guaraldi

Daniel J. Guaraldi appeals from a judgment convicting him of refusal to submit to induction into the armed forces [50 U.S.C. App. § 462]. We affirm.

Appellant was classified I-A in late 1965. At the time he was a first-year student at San Jose State College, and he wrote to his board to inform it of this fact, although he did not submit a formal request for a student deferment until he was reminded by the board to do so. After receiving his deferment application (S.S. Form 104) and certification from the college of his enrollment (S.S. Form 109), the board, in August, 1966, reclassified him II-S. In its original certificates, the college certified that appellant’s expected graduation date was June of 1969. However, at the beginning of the following school year, the college submitted a certificate which indicated that appellant would not graduate until January of 1970. After ascertaining that appellant had indeed fallen behind in credits and would not graduate within four years, the board thereupon reclassified him I-A. Appellant then declared his intention to appeal his classification, and, at the same time, sought a hardship (Class III-A) deferment. He stated on the Dependency…