United States v. Faxon David Clayton Bowen, Jr.

Bowen was convicted for having refused induction into the Military Service, a violation of the Selective Service Act. 50 U.S.C. App. § 462. His plea for reversal is based upon two contentions: (1) That the minutes of the local board do not specifically recite that the local board itself and the members thereof issued the order to report for induction. (2) That the local board should have reopened its classification in order to consider the registrant’s claim of conscientious objector status.

The appellant’s first contention is undermined by our recent opinion in United States v. Stark, 418 F.2d 901 (9th Cir. 1969) (en banc). As to appellant’s second contention, his claim for conscientious objector status was not presented to his local board until fifteen days after the notice to report for induction was mailed. In his brief, Bowen admits that the form was not returned until six days after he received the notice to report. The local board was not required to reopen the classification absent its express finding that the claimed change in status resulted “from circumstances over which the registrant had no control.” 32 C.F.R. § 1625.2 . The registrant’s belated claim was presented…