United States v. Robert Thomas Moore

Convicted of violating 50 U.S.C.App. § 462, in that he failed to submit to induction into the Armed Forces of the United States as ordered by his local draft board, Moore was found guilty by the court. He appeals. We affirm.

Moore was reclassified 1-A by his local board in March of 1967. In May of 1967, he requested, completed and returned to his local board the form for applying for conscientious objector status (S.S.S. 150). He also requested and received permission to appear before the board as it considered his request for reclassification. At the hearing Moore presented the board with a written supplement to his S.S.S. 150, answered the board’s questions, and presented a former teacher who testified on his behalf. The board rejected Moore’s claim and refused to reopen his classification. Moore appealed, and in December of 1967 the Oregon State Appeal Board affirmed Moore’s 1-A classification by a vote of 4-0. On December 26, 1967 Moore received an order to report for induction on January 9, 1968. Moore reported to the induction center, but was asked to return on January 23, 1968. He did so and was found acceptable for service. On February 14, 1968 Moore refused to submit to…