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UNITED STATES EX REL. SANDERS v. YANCEY

June 2, 1966

UNITED STATES of America ex rel. Edward Gordon SANDERS, Relator,
v.
Major General Thomas YANCEY, Commanding General, Fort Hamilton, New York and Lt. Col. Thomas G. Murphy, Commander, Armed Forces Examination and Entrance Station, Fort Hamilton, New York, Respondents


Bruchhausen, District Judge.


The opinion of the court was delivered by: BRUCHHAUSEN

BRUCHHAUSEN, District Judge.

The relator petitions for a writ of habeas corpus, claiming that he was illegally inducted into the Army. His principal contention is that upon his enlistment in the National Guard Reserve he should have been reclassified by the Selective Service Board to a class other than 1-A.

 FACTS

 
Feb. 22, 1945 - Date of relator's birth.
 
Feb. 28, 1963 - Relator registered with the Selective Service Board. Subsequently he was classified as a student under 2S.
 
June 1965 - Relator, in reply to a questionnaire, stated he was no longer a student whereupon the Board reclassified him in 1-A and so informed him.
 
Sept. 27, 1965 - Relator enlisted in the National Guard Reserve.
 
Oct. 20, 1965 - Order directing relator to report for induction on November 17, 1965. The said order contains the following provision, viz: "If you had previous military service, or are now a member of the National Guard or a reserve component of the Armed Services, bring evidence with you."
 
Nov. 8, 1965 - Report of separation of relator from National Guard Reserve for physical disqualification.
 
Nov. 8, 1965 - Relator discharged from the National Guard Reserve.
 
Nov. 12, 1965 - Order postponing induction to January 1966. It set forth the reason as follows: "Doctor's statement verifying registrant has acute infectious mononucleosis."
 
The said statement is based on the letter of relator's doctor, Louis Finger, dated October 26, 1965, stating in part, viz:
 
"I am now treating Mr. Edward Sanders for acute infectious mononucleosis, with a severe grade of associated hepatitis. He took ill on September 28, 1965, has been in bed since then, and bids fair to so remain for about three months longer."
 
The doctor added that relator's physical activities would be markedly limited for the ensuing year or two.
 
Dec. 30, 1965 - Order postponing induction, pending review by the examining authorities, based on doctor's written statement dated December 27, 1965 that registrant was convalescing from acute infectious mononucleosis associated with a considerable hepatitis.
 
Jan. 20, 1966 - Issuance of Operations Bulletin No. 287 by the Director of Selective Service to the effect that cancellation of induction orders by draft boards should be limited to individuals who have been accepted for regular enlistments.
 
Jan. 25, 1966 - Order postponing induction to February 8, 1966.
 
Feb. 1, 1966 - Order postponing induction to March 1966, to straighten out status with National Guard regarding discharge.
 
Mar. 7, 1966 - Relator's letter to Board, requesting reopening of his classification and stating that he should be considered a member of the National Guard in that "he improperly received an honorable discharge, erroneously based on medical reasons" and that the ...

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