United States v. Michael Henry Ward

JAMES M. CARTER, Circuit Judge:

Ward was convicted for violation of 50 U.S.C. App. § 462, refusal to submit to induction. We reverse.

On March 18, 1968, Ward was ordered to report for induction. That same day, the induction was “postponed until further notice”, and Ward was reclassified I-S(C) [student deferment] “until October 1968.” On March 29, 1968, Ward completed and returned Selective Service Form 150, in which he described his conscientious objection to war. The board then classified Ward I-A-0 [eligible for non-combatant military training] on April 17, 1968. Within the 30-day appeal…