United States v. Louis Felipe Cantero

This appeal is taken from conviction of failure to report for induction into the armed forces, a violation of 50 U.S.C. App. § 462(a). The determinative question upon appeal is whether appellant’s local board properly gave consideration to his claim for a I-Y (physical disability) classification.

Among the disqualifying physical conditions warranting a I-Y classification is “[b]ronchial asthma, except for childhood asthma with a trustworthy history of freedom from symptoms since the 12th birthday.” A.R. 40-501, fl2-26b.

Appellant was classified I-A, and, following preinduction physical…