On March 31, 1969, the Michigan Board mailed plaintiff a Notice of Classification and SSS Form 217 advising him of his right to a personal appearance or appeal within thirty days. Plaintiff neither requested a personal appearance nor appealed within the prescribed time. The Selective Service file indicates that plaintiff did make a visit to the Michigan Board on May 19, 1969, and requested that "all medical papers be sent down to fort (sic) Wayne for review."
Although the correspondence in the file contains some ambiguity, it appears that the letter from Dr. Best and other medical papers were forwarded to the AFEE Station in Detroit, Michigan, which had previously examined plaintiff. Upon receipt of the records, Captain Chandler, Assistant Processing Officer of the AFEE Station, sent a memorandum to Michigan State Headquarters, Selective Service System, wherein he advised that the evidence furnished was not sufficient to warrant a change in the registrant's acceptability and suggested that the plaintiff be returned to the AFEE Station for re-examination. It was suggested further that the plaintiff submit a letter from his physician at that time. State Headquarters communicated this information to the Michigan Board, requesting at the same time that plaintiff be ordered to report for another pre-induction physical examination.
Plaintiff was ordered to report for the additional pre-induction physical examination on August 18, 1969. On the appointed day, plaintiff provided to the Detroit AFEE Station a medical history of his back trouble and the names of physicians Dr. Walter Willoughby and Dr. John Best. Noted on the medical history was "malformed spine" and spondylolisthesis. However, on the basis of the history and examination, the Detroit AFEE Station returned to the Michigan Board a Statement of Acceptability, DD Form 62, on the day of the examination.
The Michigan Board issued an Order on September 22, 1969, directing plaintiff to report for induction on October 16, 1969. Plaintiff thereafter requested both a transfer of induction to the area of Pittsburgh, Pennsylvania, and a postponement of induction due to personal hardship, since his father was undergoing surgery at that time. Both requests were granted. Plaintiff's induction was transferred to Local Board No. 15, Pittsburgh, Pennsylvania, the defendant in this action (hereinafter, the "Transfer Board"). The Transfer Board issued an Order on December 2, 1969, directing plaintiff to report for induction on December 9, 1969.
Upon reporting for induction, plaintiff received the standard physical examination which precedes induction. The examining physician had before him plaintiff's medical records including the X-ray report of Dr. Joseph Mazzei, dated February 8, 1969, indicating a finding of "spondylolysis of L-5 with first degree spondylolisthesis of L-5 and S-1." Based upon the medical records and his examination of plaintiff, the examining physician stated in his report "disqualifying defects or communicable diseases were noted this date."
The Commanding Officer of the Pittsburgh AFEE Station then made the further determination that plaintiff was a "registrant of national prominence" within the meaning of a directive of the Secretary of the Army dated April 28, 1966 and, in accordance with the procedures established by that directive, plaintiff's medical records were forwarded to the Chief of Personnel Operations of the Department of the Army along with a memorandum noting "Mr. Haggerty is currently playing professional football with the Pittsburgh Steelers." In turn, the Chief of Personnel Operations submitted the medical records and attached memorandum to the Office of the Surgeon General for review.
Plaintiff's medical records and the memorandum were considered by Lt. Col. William Peard, a specialist in military medicine, and Lt. Col. Richard Torp, an orthopedic consultant, both of whom concluded that plaintiff was qualified for military service under Part 2-43 of Army Regulation 40-501, designated the Vocational Waivers provision. This determination became the decision of the Secretary of the Army and was communicated to the Commanding Officer of the Pittsburgh AFEE Station, who thereafter forwarded to the Transfer Board appropriate documents indicating that plaintiff had been found qualified for military service. Acting upon this information, the Transfer Board issued several subsequent orders for plaintiff to report for induction, the latest of which was issued on September 8, 1970 and which plaintiff now seeks to enjoin here.
Plaintiff makes an all encompassing attack upon the procedures whereby he was found medically acceptable for service in the Armed Forces. He contends:
1. That the medical reports which plaintiff furnished to the Board and the finding of the medical examiner at the Pittsburgh AFEE Station, although presenting facts allegedly warranting a reopening of plaintiff's classification, were never considered by the Michigan or Transfer Board, resulting in a deprivation of plaintiff's right to procedural due process of law.
2. That the military directive whereby the medical records of persons of national prominence found to have disqualifying defects are forwarded to Army Headquarters for further medical review is standardless and deprived the plaintiff of due process of law.