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UNITED STATES v. MARSHALL

March 16, 1972

UNITED STATES of America
v.
Jack Charles MARSHALL


John W. Lord, Jr., District Judge.


The opinion of the court was delivered by: LORD, JR.

JOHN W. LORD, Jr., District Judge.

 The defendant is charged with failure to submit to induction into the Armed Forces, a duty required of him by the Military Selective Service Act of 1967, *fn1" as amended, 50 U.S.C.A. App. ยง 462(a). After a trial without a jury the Court makes the following:

 FINDINGS OF FACT

 1. Jack Charles Marshall, the defendant, registered with Local Board No. 31 (hereinafter referred to as Local Board) in Reading, Pennsylvania at age 18, in accordance with the requirements of the Military Selective Service Act.

 2. On March 17, 1969, defendant was classified 1A and he did not appeal this classification.

 3. On October 8, 1969, the defendant was mailed a questionnaire, Selective Service Form 127, requesting information regarding his current status. Defendant completed the questionnaire and mailed it to the Local Board, although they never received it.

 4. The defendant alleged that the questionnaire included the fact that his parents had recently separated and that he was living with his mother.

 5. On January 26, 1970, defendant was ordered to report for a physical examination. He was found physically qualified to serve in the Armed Forces.

 6. On February 20, 1970, defendant was issued an Order to Report for Induction on March 20, 1970.

 7. On March 19, 1970, defendant visited the office of his Local Board. He stated that he had not been previously aware that he may be eligible for a hardship deferment but that Barry Jackson, a caseworker for Family Guidance in Reading, who accompanied defendant in this visit, informed him of this fact. Defendant stated that he desired to be considered for a hardship deferment but that if this were impossible, he requested a postponement of his induction from 30 to 120 days, claiming that his induction would result in extreme hardship to his mother.

 8. The defendant met with Mr. Gegenheimer, a member of the Local Board, and Mrs. Hunter, the Executive Secretary, and informed them of this request.

 9. Mrs. Hunter prepared a report based on the information that defendant supplied during his visit.

 10. Defendant stated that he was living with his mother and six brothers and sisters, ranging in age from 6 to 17 years. His mother was receiving about $120 every two weeks from Public Assistance. She also received $35 per week from his father. Defendant stated that he is now employed by Harold Nelson Associates. His weekly earnings amount to $65 per week and although he has not yet received any pay he intends to give her the proceeds when he does. His last steady job was at Manson Billiard Bar-Bell, which he left in January, 1970. He had been earning $2 an hour but left because his earnings were not commensurate with his workload. Defendant stated that he then worked at odd jobs until his recent employment at Harold Nelson Associates.

 11. Mr. Gegenheimer telephoned the other members of the Local Board and read the report prepared by the Executive Secretary. It was agreed not to request postponement of induction. The members agreed to hold a meeting at 1:30 P.M.

 12. No meeting was held. When defendant returned that afternoon he was informed that he would have to report for induction the next day. No reasons were placed in defendant's file regarding the rejection of his request.


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