Elder
Elder v. United States
Opinion
Opinion
Healy, J.
Appellant, who claimed to be a conscientious objector, was convicted of refusing to submit to induction into the armed forces of the United States. He appeals on several grounds, the first of which is that he was denied his procedural rights in that the local selective service board failed to grant his request for a personal appearance after classification, as required by the regulations.
• Appellant was 21 years old and a high school graduate. In his questionnaire, filed in May of 1949, he did not sign the conscientious objector form (Series XIV). Later, however,* he wrote a letter to the board claiming to be conscientiously opposed to war and asking for forms. The appropriate form (150) was mailed him and he filled it out and returned it. On August 29, 1950 he was classified I-A-O and was given notice thereof. In response he wrote a letter on September 8, 1950, requesting “a personal appearance before the appeal board.” An entry in the local board Minutes of date September 9 notes this letter as “Appeal Received.” Shortly afterwards the local board directed continuance of the I-A-O classification and mailed notice of its action. Another letter from appellant followed,…