United States v. Peter Jerry Scott

Scott appeals his conviction for refusal to submit to induction under the Universal Military Training and Service Act, 50 U.S.C. App. § 462. Seven days after his local board issued an order of induction, Scott requested a Special Form for Conscientious Objectors, SSS Form No. 150. The board immediately complied with this request. It sent him the form by special delivery mail, but since there were then only eight days remaining before his induction date, he was directed to return the completed form within twenty-four hours. Scott failed to return the form within the specified period. In fact, he never returned it. ' In this appeal, he contends that the fixing of the abbreviated period requires reversal.

At the time of Scott’s request, local boards generally followed the practice of allowing registrants ten days for completing and returning Conscientious Objector Forms; however, there was no regulation which prescribed a specified period. In the circumstances, we cannot accept Scott’s contention that his board acted arbitrarily or exceeded the bounds of allowable discretion.

Scott also contends that the letter by which he requested the Conscientious Objector Form did, of itself,…