Glen Woodson Palmer, Jr. v. United States

On November 21, 1967, at Seattle, Washington, appellant refused to submit to induction into the Armed Forces. He was duly indicted for violation of 50 U.S.C. App. § 462. On January 5, 1968, for the first time he submitted a claim of conscientious objection to his local draft board. No action was taken by the board. On January 26, 1968, he entered a plea of not guilty, was tried, found guilty and convicted. He has taken this appeal. He contends he was entitled to have his draft board act upon his claim of conscientious objection. He points to 32 C.F.R. § 1625.2 which provides for reopening even after the registrant has been ordered to report for induction.

We cannot agree with this contention. Classification functions of the local board cease with induction, and a registrant cannot, by refusing to submit to induction, impose upon the board any new duties respecting reclassifica tion or reopening. United States v. Bonga, 201 F.Supp. 908 (E.D.Mich. 1962); United States v. Monroe, 150 F.Supp. 785 (S.D.Cal.1957); approved in Boyd v. United States, 269 F.2d 607 (9th Cir. 1959). Contra, United States v. Underwood, 151 F.Supp. 874 (E.D.Pa. 1955). To permit such imposition would be highly…