Richard Wayne Frank v. United States

Appellant was indicted and convicted of two counts of violation of the Universal Military Training and Service Act, Section 462, Title 50 U.S.C.A.Appendix.

Appellant registered with the Selective Service System in 1948 at which time he claimed to be a minister and also a conscientious objector. He supplied data to show that he was a minister. He later filed SSS Form 150, Special Form for Conscientious Objector, and on September 20,1949, was classified IV-E, the then designation of a conscientious objector. He did not appeal this classification.

On November 19, 1951, appellant was classified I-O, the classification given under the 1951 amendments to the Universal Military Training and Service Act, to a conscientious objector opposed to both combatant and noncombatant training and service. Under the 1-0 classification the registrant was subject to perform 24 months of civilian work contributing to the national health, safety, and interest. He was on November 20, 1951, mailed notice of this 1-0 classification. On December 7, 1951, appellant personally appeared before a clerk of the Board and presented a letter requesting an appearance before the Board. We cite this letter in the…