United States v. John Bruce Crull

The judgment of the district court, convicting appellant of refusing to submit to induction into the Armed Forces of the United States, (50 U.S.C. App. § 462(a)) is affirmed.

The Board’s order to report for induction was not, as appellant contends, invalid because prematurely issued. True, it directed .him to report within the 30 day period allowed a registrant by 32 C. F.R. § 1624.2(e) to appeal a local board’s decision not to reopen a registrant’s classification. But appellant failed to keep the appointment for a personal appearance with the local board, which the latter had made at his request pursuant to 32 C.F.R. §§ 1624.1 (a), 1624.2.

And the verbiage and evident purpose of 32 C.F.R. § 1624 , cogently point to a construction that a registrant’s appearance in person before the local board constitutes a condition precedent to the right of appeal granted under subdivision (e).

. 32 C.F.R. § 1624 (e) reads: “Each such classification or determination not to reopen the classification made under this section [i. e. § 1624] shall be followed by the same right of appeal as in the case of an original classification.” And, applicable § 1626.2(c) (1) permits a registrant to appeal a…