United States v. Walter Alvin Kingen

Appellant appeals from a judgment of conviction for having refused induction into the Armed Forces of the United States, in violation of the Universal Military Training and Service Act, § 12(a), 50 U.S.C.App. 462(a) (1964), as amended, U.S.C.A.App. Supp. (1967). He was sentenced to the custody of the Attorney General for a period of two years. Execution of the sentence was suspended and he was placed on probation for a period of two years on specified conditions.

Appellant registered with the Local Board on April 15, 1959. On January 15, 1962, the Board received from him a completed Classified Questionnaire (SSS Form No. 100). In this Questionnaire, appellant did not sign the section relating to conscientious objection, nor did he request Special Form for Conscientious Objection (SSS Form No. 150).

The Board received Current Information Questionnaires from appellant on June 21, 1963, April 28, 1965, and September 27, 1966, but in none of these did appellant claim the status of conscientious objector.

On April 9, 1962, appellant was classified I-A; reclassified I-A by the Board on October 18, 1965; and on appeal to the Appeals Board was retained in that classification on August…