Joseph Clark v. Commanding Officer, Commander Thomas M. Volatile, Armed Forces, Examining and Entrance Station and Secretary of Defense

OPINION OF THE COURT

SEITZ, Circuit Judge.

This appeal is from an order of the district court denying a petition for a writ of habeas corpus seeking petitioner’s release from the custody of the United States Army. Petitioner asserts that his induction order was unlawful either because his local board erroneously refused to reopen his classification or, alternatively, because the board did in fact reopen and consider his classification anew while purporting to refuse to reopen.

FACTS

Petitioner graduated from college in June 1969 and his local board classified him I-A in July. No appeal was taken.…