Jay W. Selby v. United States

Appellant was charged with violation of § 12(a) of the Universal Military Training and Service Act, 50 U.S.C.A. Appendix, § 462(a), in that he refused to submit to induction into the armed forces of the United States when directed so to do. On trial below to the court sitting without a jury he was adjudged guilty. He contends that the denial to him by the Selective Service authorities of a conscientious objector status was without basis in fact or law, and that his conviction was error. We think the contrary.

The Selective Service file on appellant shows the following sequence of events: In July of 1950 he registered for the draft. On April 3, 1951, he joined the Naval Reserve. Two weeks later he filled out the classification questionnaire for his Local Board. In this he made no mention of his being a conscientious objector, notwithstanding space is provided in the form for such information. On April 30, 1951, he was classified 1-A. In March of 1952 he was discharged from the Naval Reserve for reasons of “convenience of the Government.” On July 14 following he filed a special form with the Local Board, stating for the first time that he was a conscientious objector opposed to…