William Chernekoff, Jr. v. United States

The appellant was indicted and convicted of a violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix § 462. He had registered with a local draft board in Alhambra, California, on June 29, 1950. This board did not post the names and addresses of advisors to registrants as required by 32 Code Fed.Regs. § 1604.41. Appellant also filed with the board an SSS Form 150, “Special Form For Conscientious Objectors,” stating that his religious training and beliefs as a member of the Molokan Spiritual Jumpers precluded his entering the Armed Forces in any capacity. He requested to be classified IV-E. This classification is now obsolete, being currently termed I-O. The board classified him I-A-O. Appellant requested a personal appearance before his local board pursuant to 32 Code Fed.Regs. § 1624.1(a), 2(a). At the same time he appealed this classification as allowed by 32 Code Fed.Regs. § 1626.2(a), which fulfills the requirements of 50 U.S.C.A.Appendix, § 456(j). The local board interviewed appellant on Dec. 19,1951. It adhered to its original ruling.

Following the procedure set out by 32 Code Fed.Regs. § 1626.25(a) (2) to satisfy 50 U.S.C.A.Appendix, § 456(j),…