Joseph Robert Dugdale v. United States

Appellant was convicted of refusing to submit to induction into the armed forces, in violation of 50 U.S.C. App. § 462. The district court’s jurisdiction was founded on 18 U.S.C. § 3231 , and our review is sought pursuant to 28 U.S.C. §§ 1291 , 1294.

The record shows that the appellant, Joseph Robert Dugdale, has been registered with the local board of the Selective Service System (Board) since 1961. He completed two classification questionnaires without claiming exemption as a conscientious objector. On two occasions the Board classified him 1-A (available for military service) and notified him of his classification. No appeal was taken. On February 10, 1966, Dugdale was ordered to report for induction on February 23; however, the date of the induction was postponed. Dugdale was subsequently ordered to report for induction on October 18, 1966.

On October 3, 1966, four days after the induction notice was sent, the Board received from appellant a completed Selective Service Form 150 (a special form for conscientious objectors), claiming exemption from both combatant and noncombatant military service. On October 11, 1966, the local Board noted appellant’s file: “Reviewed, no…