Bernard Henry Ashauer v. United States

Ashauer was convicted of violating the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. by knowingly failing and refusing to submit to induction into the armed forces of the United States. In this appeal, he contends that his final classification of I-A (available for military service) was invalid. If his contention is sound, then it follows that the order requiring him to submit to induction was invalid, also, and the conviction based upon his failure and refusal to obey the order cannot stand.

Ashauer registered with his local board on September 17, 1948, and returned his classification questionnaire to that body on September 22, 1949. In the questionnaire, he showed himself to be 19 years of age, a high school graduate, and employed in the production of automobiles. He signed Series XIY certifying that he was a conscientious objector and requesting that he be furnished the special form for conscientious objectors, Selective Service Form No. 150.

On January 2, 1951, he filed Form No. 150 in which he stated that he was, by reason of his religious training and belief, conscientiously opposed to participation in war in any form and conscientiously…