United States v. Michael K. Haseltine

Defendant filed his conscientious objector claim after the local board sent him an order to report for induction. The board declined to reopen on the ground that defendant had failed to demonstrate any change in status due to circumstances beyond his control. 32 C.F.R. § 1625.2 .

Defendant concedes that there was no change in his beliefs subsequent to the mailing of the order to report for induction. Indeed, he asserts that his views were essentially the same during the preceding two years. He excuses his delay in submitting a conscientious objector claim on the ground that he was misled by references in SSS Form No. 150 into believing that formal religious training and belief in a Supreme Being were prerequisite to exemption.

We need not decide whether the proffered defense would be legally sufficient. But see Dugdale v. United States, 389 F.2d 482, 485-486 (9th Cir. 1968). The trial judge, sitting as the trier of fact, rejected defendant’s contention on a factual basis. We cannot say that the judge could not- reasonably conclude beyond a reasonable doubt that defendant was not misled.

As the trial court noted, although defendant testified that there was doubt in his mind…