Paul MacArthur Hunter v. United States

Paul MacArthur Hunter registered with his Selective Service System draft board at Yakima, Washington, and claimed exemption from both combatant and non-combatant training and service in the Armed Forces. Hunter was nevertheless classified I-A and, although he exhausted his administrative remedies, the I-A classification was adhered to. He was thereafter accepted for induction on January 11, 1966, but refused to be inducted. Hunter was then charged, tried by the court without a jury, convicted and sentenced for such refusal, the same being an offense under the Universal Military Training and Service Act, 62 Stat. 622 (1948), 50 U.S.C.App. § 462 (a) (1964).

On this appeal from his conviction, Hunter’s only contention is that the trial court erred in upholding the I-A classification because there is assertedly no rational basis in fact for that classification.

The I-A classification is factually unassailable unless the local board or the appeal board was required to find that Hunter was, at the time he requested a 1-0 classification, entitled thereto. In order to be entitled to a 1-0 classification it was incumbent upon Hunter to establish that, by reason of religious training and…