Chester L. Hoapili v. United States

Appellant registered with his local draft board on August 10, 1964, and was classified 1-A on October 13th, approximately two months later. He was examined and determined to be physically fit in October of 1965, and on December 7, 1965, he was sent a notice to report for induction on December 17, 1965. He had never claimed to object to military service, although he had, three months before his physical examination, commenced religious study as a Jehovah s Witness. He reported as directed but refused to submit to induction. He was thereafter indicted for and convicted of violating section 12(a) of the Universal Military Training and Service Act. 50' U.S.C. App. § 462(a). This appeal followed.

Appellant contends that on December 11,1965, the day after he received the notice of induction, he had become a conscientious objector and that his refusal to submit to induction was therefore not unlawful.

A registrant who fails to submit a request for reopening and reconsideration of his classification in writing is not entitled to challenge his classification upon the ground that it should have been reopened by the board. See Shaw v. United States, 264 F.2d 118 (9th Cir. 1959). That…