Michael Allen Schmitt v. United States

GOLDBERG, Circuit Judge:

This is another selective service case. Michael Allen Schmitt seeks deliverance from his conviction for willfull failure to submit to induction into the Armed Forces of the United States. 50 U.S. C.A. App. § 462.

On October 23, 1963, appellant Schmitt enlisted in the Army National Guard Unit at Cocoa, Florida. He served six months of active duty, attended summer camp for two years, and attended drills for a period of approximately three and one-half years.

During May of 1965, Schmitt acquired four unexcused absences from meetings of the National Guard. The absences were…