Ernest Douglas Brede v. United States

Appellant has appealed from a judgment of conviction, after a court trial, for a violation of the Universal Military Training and Service Act, 50 U.S.C.A. App. § 462(a).

The charging portion of the indictment alleges as follows:

The principal specification of error urged here is that there was no order of the local board directing appellant to perform a duty required of him under section 462(a), supra, and that therefore he did not commit the offense charged in the indictment. We agree.

Appellant registered with his draft board on June 4,1964, and as a practicing Jehovah’s Witness was classified 1-0 on September 14, 1964. A year later appellant was ordered to report for an armed forces physical examination and was found qualified for induction into the military service. Because appellant was classified I-O, processing toward a civilian work assignment in lieu of induction into the military service was commenced pursuant to Selective Service Regulations, 32 C.F.R. § 1660.20 .

Appellant is not contending that there was any procedural or substantive error by the local board in his case prior to March 14, 1966. On that date a meeting was held pursuant to section 1660.20 (c),…