United States v. David Bruce Allen

ALFRED T. GOODWIN, Judge:

David Bruce Allen appeals from his conviction for willful refusal to submit to induction into the Armed Forces. 50 U.S.C. App. § 462(a). He argues that his induction order was invalid because the local board wrongfully refused to reopen his I-A classification in the face of a prima facie claim for a hardship deferment. We agree, and therefore, reverse.

After being classified I-A on July 25, 1969, Allen, then a student at San Jose State College in California, sent a doctor’s certificate to his local board indicating that his wife was pregnant and was due to give birth…