Paul Leroy Olsen v. United States

Olsen appeals his conviction for having refused to submit to induction under the Univeral Military Training and Service Act, 50 U.S.C.App. § 462.

After serving in the Marine Corps Reserve for almost two years, appellant advised his commanding officer that his views and feelings on war and killing had undergone substantial change and that he wished to apply for a discharge as a conscientious objector. The commanding officer informed appellant that the requisite forms would be made available and instructed him to continue to attend monthly reserve meetings. Although appellant offered to attend these meetings in civilian dress, he was told by the officer that he would be marked absent unless he attended in uniform. Appellant then stopped attending monthly reserve meetings. Since the forms eventually provided by his commanding officer were incorrect, appellant obtained the proper forms from another source, completed the forms, and submitted them for consideration. His request for a discharge as a conscientious objector, however, was neither approved nor rejected. Instead, on December 7, 1965, he was certified by his reserve unit to his draft board for priority induction because of…