Robert Lawrence Dillon v. United States
Opinion
Opinion
Kilkenny, J.
Appellant was indicted, tried and convicted in a non-jury trial for willful refusal to submit to induction into the Armed Forces of the United States in violation of Title 50, U.S.C. App. § 462 (a). His sentence of 18 months was suspended on condition that he obtain work of national importance and pay a fine.
Appellant registered with the Selective Service System on November 25, 1964, shortly after his 18th birthday. Originally granted a student deferment, he was ultimately classified in 1-A-O, following the filing of Form 150 in which he specifically requested that status. In March, 1966 he received a pre-induc tion physical examination, was found fully qualified for service and, being no longer entitled to student deferment, was ordered to report for induction on August 17th of the same year. On August 4th, he directed a letter to the Board and requested that his induction order be cancelled and that he be considered for 1-0 classification. There, he stated that his thinking, in recent months, with respect to participation in war had changed. He also stated that through lack of advice and counsel at the time of filing the original Form 150, he neglected to apply for a 1-0…