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UNITED STATES v. BULLOCK

March 3, 1953

UNITED STATES EX REL. TOMBACK
v.
BULLOCK.



The opinion of the court was delivered by: Campbell, District Judge.

Petitioner alleges that he was unlawfully inducted into the Army of the United States, and that he is now unlawfully restrained of his liberty by respondent, the Commanding Officer of Fort Sheridan, Illinois. He seeks release through a writ of habeas corpus. The parties stipulated that the facts contained in petitioner's Selective Service System file are true, and the cause was taken under advisement by the court.

I. Findings of Fact

The following sequence of events is disclosed by documents contained in the files of the Selective Service System:

1. On December 28, 1950, petitioner answered and signed a Selective Service Classification Questionnaire (Form 100), wherein he stated that he had never been married, and that no persons were wholly or partially dependent upon him for support. He further stated that he had been treated by physicians for a "nervous and anemia condition," and for a condition of "palpitation — hot flushes."

2. On January 5, 1951, petitioner submitted to his Local Board a sworn statement from a physician, who wrote that petitioner "has considerable vasomotor instability as evidenced by palpitation, hot flushes of face and neck accompanied by general weakness. He, also, has a slight anemia."

3. On March 22, 1951, petitioner was placed in classification 1-A.

4. On December 3, 1951, petitioner was ordered by Local Board 59 to report for an armed forces physical examination on December 11, 1951.

5. On December 6, 1951, petitioner's mother submitted a sworn statement from a physician to the Local Board. The physician described defects in petitioner's vision, and stated: "I do not recommend military duty for this patient."

6. On December 11, 1951, petitioner reported for the armed forces physical examination. The examiners concluded that petitioner was qualified for military service.

7. On December 13, 1951, petitioner submitted a sworn statement from another physician, who wrote that petitioner "is an extremely nervous individual, that all of his complaints such as flushes and migraine headaches are all due to an extreme psychoneurotic tendency."

8. On May 29, 1952, petitioner informed the Local Board that he had recently been married.

9. On August 29, 1952, the Local Board ordered petitioner to report for induction on September 15, 1952.

10. On September 2, 1952, petitioner wrote to his Local Board:

    "I am in receipt today of a draft induction notice
  for September 15, 1952. This notice came to me at a
  time when I was about to write to you to inform you
  of my wife's pregnant condition.
    "I first found out about this condition when she
  was examined by a physician on Friday evening, August
  29, 1952.
 
    "I am writing this letter to appeal this induction
  notice and to request a 3F classification for this
  reason.
    "Perhaps technically an induction notice is the
  final word but I could not communicate with you any
  sooner after I discovered my wife's condition.
    "I beg of you gentlemen to reconsider my case. I
  shall be happy to present you with the physician's
  statement at any time you request."

11. On September 5, and again on September 8, 1952, petitioner submitted statements from a physician attesting to the pregnancy of petitioner's wife.

12. On September 4, 1952, petitioner's father wrote to the Local Board, stating, in essence, that he would be unable to care for petitioner's wife if petitioner were inducted, and that petitioner's mother was not in good health. On the same date, petitioner's father-in-law wrote to the Local Board, stating that he was in poor health, ...


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