Walter Leroy Shepherd v. United States

The appellant, who was classified by the appropriate Selective Service Board as available for induction under the provisions of Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., refused to submit to induction as required by that Act and in consequence was indicted and convicted of such refusal. Upon this appeal he asserts that the action of the Board in so classifying him was so illegal, arbitrary and capricious as to make his classification void and that in consequence he cannot be guilty of the offense charged.

Upon examining Shepherd’s Selective Service questionnaire and the special form for conscientious objector that he had filed, the local board placed him in Class I-A thus making him liable for unlimited military service. Upon his receipt of notice of this classification he requested a personal appearance before the board and that was granted him. Upon this appearance he renewed his claim of exemption as a conscientious objector.

The board declined to change his classification and he appealed to the appeal board. His file was submitted to the Department of Justice for an investigation, hearing and recommendation. Under date of March 10,…