Bruce Eugene Boswell v. United States

Appellant was convicted of having refused to be inducted into the armed forces, in violation of 50 U.S.C. App. § 462(a). District court jurisdiction was founded on 18 U.S.C. § 8231 (1964), and our review is sought pursuant to 28 U.S. C. §§ 1291, 1294 (1964).

The record shows Boswell had been registered with the local board of the Selective Service System (Board) since 1961, had completed several questionnaires, taken a physical, received a student deferment, and been classified 1-A, all without ever claiming to be a conscientious objector or appealing his classification.

Boswell was ordered to report for induction on February 23, 1966; the date was postponed to March 16, 1966. The day before the scheduled induction, Boswell submitted this statement to his Board:

Boswell appeared on March 16, 1966, was allocated to the United States Marine Corps, but refused to submit to induction. He contends that he appeared at the Board office the day before his induction was scheduled (at the time the letter quoted above was submitted), and requested a Form 150 (special form for conscientious objectors), which the clerk of the Board refused to give him. Appellant contends that this refusal…