James Lee Straight v. United States

This appeal follows Straight’s conviction for refusing to submit to induction under the Universal Military Training and Service Act. 50 U.S.C. App. § 462. In urging reversal, Straight makes two contentions: (1) That his Local Board was required to reopen his selective service file when he made a sufficient prima facie claim of conscientious objection; (2) That his Local Board acted arbitrarily and capriciously so as to deny him due process of law. We affirm.

I

Straight claims to have made such a prima facie showing that the Board was required, under the Selective Service Regulations, to reopen his file. While he presented his claim on a Special Form for Conscientious Objectors (SSS Form 150) which he filed with his Board, the form was neither requested nor filed until after he had refused induction, the crime for which he now stands convicted. Therefore, Straight’s reliance upon Board actions which occurred after his commission of the crime are not relevant to the propriety of the conviction. A Selective Service Board has no obligation to act upon requests which are made by one of its registrants after the date for his induction has passed. Palmer v. United States, 401 F.2d 226…