Dale Lynn Gatchell v. United States

Good Law
378 F.2d 287·1967 U.S. App. LEXIS 6699
United States Court of Appeals for the Ninth CircuitApril 18, 196720773_1California2,880 words

Opinion

Opinion

Hamley, J.

Dale Lynn Gatchell, claiming that he was entitled to complete exemption from military service because he was a minister of religion, sought a IV-D classification under the Universal Military Training and Service Act (Act), 62 Stat. 604 et seq. (1948), 50 U.S.C. App. § 451 et seq. (1964). His local board denied the request and classified Gatchell I-O, a conscientious objector opposed to combatant or non-combatant service in the armed forces. The agency appeal board sustained this classification. The local board subsequently ordered Gatchell to report for a civilian work assignment in lieu of induction. He refused to do so and for such refusal was convicted in a non-jury trial of violating section 12(a) of the Act, 62 Stat. 622 , 50 U.S.C. App. § 462 (a). Gatchell appeals.

The essential facts are not in dispute. Gatchell, born September 1, 1942, registered with his local draft board in Tillamook, Oregon, on September 13, 1960. At that time he filled out a classification questionnaire. In this document he represented that he had been “regularly serving as a minister” of the Jehovah’s Witnesses since the date of his formal ordination on February 4, 1956, when he was thirteen years…

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