United States v. Lonnie Leroy Haughton

Lonnie Leroy Haughton appeals his conviction of wilfully refusing to submit to induction into the armed forces, 50 U.S.C. App. § 462.

Haughton’s claim for conscientious objector status was rejected by his local board on May 18, 1967. On May 26, Haughton informed the board that he wished to appeal. The regulations required the board to forward Haughton’s file to the State Director’s office within five days following the thirtieth day after his claim was denied. 32 C.F.R. §§ 1626.13 , 1626.14. Washington State Headquarters Memorandum No. 5 (Nov. 4, 1948; amended Dec. 14, 1961). The board properly forwarded the file on June 22, 1967, and on July 6 the State Director’s office sent Haughton’s file to the appeal board. The appeal board retained Haughton in I-A. On November 7, 1967, Haughton refused to submit to induction.

Haughton first argues that his induction order was invalid because he did not receive a Department of Justice hearing on his conscientious objector claim. Prior to June 30, 1967, the law provided:

The Department of Justice was then required to make recommendations to the appeal board based on its findings.

The Military Selective Service Act of 1967, 50 U.S.C.App. §…