The opinion
HAMLIN, Circuit Judge
(concurring) :
I concur in the affirmance of appellant’s conviction.
However, I cannot agree that the court should be placed in the role of a super draft board whose duty is to review and second guess all of the admin *1281 istrative decisions of the local board involving extensions of time for filing claims, postponements of induction for various reasons, failure to process registrants expeditiously and other similar actions.
The opinion states “ * * * the government urges that it has met its burden of proof by establishing that there were no other registrants fully qualified for induction who should have been ordered ahead of Smith.”
I would agree with that position absent convincing proof that the board arbitrarily or deliberately acted improperly to delay a registrant’s induction with the intention or knowledge that the other registrants would be adversely affected.