419 U.S. 934 (1974)

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SUNDSTROM v. U.S. , 419 U.S. 934 (1974)

419 U.S. 934

George Charles SUNDSTROM
No. 73-6522.

Supreme Court of the United States

October 21, 1974

On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit.

The petition for a writ of certiorari is denied.

Mr. Justice DOUGLAS, dissenting.

Ordered by his local selective service board to report for a pre- induction physical examination in May 1970, petitioner arrived at the examining place attired in a black robe and wearing facial makeup, in a representation

Page 419 U.S. 934 , 935

of the symbol of death. Because of his appearance, petitioner was ejected from the examining station without undergoing a physical. The local board ordered petitioner to appear for a second physical examination in August 1970, but the notice failed to reach the petitioner, who at the time was travelling without a forwarding address. [Footnote 1] Upon learning that the petitioner had failed to appear for the second scheduled examination, the local board, acting pursuant to a new selective service regulation then less than two months old, ordered the petitioner to report for immediate induction. Under former practice, an induction order could not issue until the registrant had been found physically qualified for military service and had received notice to that effect. The superseding regulation2 authorized local boards to order for induction and simultaneous examination any registrant whose lottery number had been reached but who had failed to appear for a physical examination.

In September 1970, two weeks before his scheduled induction, petitioner returned to the board the induction order that had been mailed to him in July, stating in an accompanying letter his belief that the induction forms were 'mailed in error' since he had not yet completed a physical examination and been found acceptable for military service. Although the board made no response to petitioner's letter, it did report him to the Department of Justice as a violator when it learned of his failure to report for induction. Apparently at the urging of the Justice Department, the board sent a second induction order to petitioner on December 2, 1970, directing him to [419 U.S. 934 , 936]

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