Jackie Lee Hinkle v. United States

Hinkle was found guilty of a violation of the Universal Training and Service Act, 50 U.S.C.A. Appendix, § 451 et seq., in that he knowingly refused to submit to induction. Upon this appeal from the judgment of conviction he asserts there was no basis in fact for not classifying him as a conscientious objector in accordance with his claim to exemption from military service upon that ground. By executing the form provided for that purpose and filing it with the local board, he claimed that he was opposed to both non-combatant and combatant military service, and that this opposition was based upon his religious belief as a member of Jehovah’s Witnesses. The local board classified him in Class I-A, that is to say, as available for military service. He appealed his classification; his file was forwarded to the appeal board, and the case was referred to the Department of Justice. Following a hearing before a hearing officer the Department made a report and recommendation to the appeal board. The Department, in making its recommendation as to the action of the appeal board, stated that it found, on the basis of the hearing officer’s report, that Hinkle was reared in the Jehovah’s…