Charles William Affeldt, Jr. v. United States
Opinion
Opinion
Pope, J.
Affeldt was convicted of the offense of knowingly refusing 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 was first classified by his local board in Class III-A on account of his having certain dependents. His right to this classification terminated, and the Board then placed him in Class I-O, (person available for civilian work because conscientiously opposed to both combatant and noncombatant training and service,). Registrant had filed the special form for conscientious objectors claiming that classification. The board retained him in that classification after he had made a personal appearance before it for the purpose of claiming that he was a minister. Still asserting that he was a minister and entitled to classification as such he took an appeal to the appeal board which also placed him in Class I-O.
On the return of the file to the local board after this action by the appeal board, the local board, on December 13, 1951, mailed to Affeldt a new conscientious objector form 150. This was a new form revised October 22 preceding that date, and was identical in form…