Roger Dean Clark v. United States

The appellant Clark was indicted and convicted of the offense of knowinglyre-fusing to be inducted into the armed forces of the United States in violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. He asserts that his Selective Service classification in Class I — A, (a person available for military service), was without basis in fact and that such action was arbitrary and capricious.

The record of Clark’s classification by the Selective Service boards shows that he filed in addition to his questionaire a claim that he was a conscientious objector opposed to participation in both combatant and noncombatant training or service in the armed forces. His local board on November 19, 1951, placed him in Class I-O, that is to say, found him to be a conscientious objector of that character. On December 3, 1951, following his notification of his classification, he made a personal appearance before the board making inquiry as to the effect of his classification in Class I-O and asserting that he should be classified in Class IV-D, as a minister. The board declined this further claim of exemption and continued him in Class I-O. He appealed to the…