United States v. James Gordon Lansing

Appellant was convicted of refusing induction into the Armed Forces, 50 U.S.C. App. § 462; 32 C.F.R. § 1632.14 (b). He contends that the local board denied him due process by misleading him into failing to complete an application for conscientious objector status, thereby depriving him of the opportunity to submit evidence that might have justified the reopening of his classification.

The record shows that the appellant registered with his local board on March 18, 1966. He was then 18 years old. Two months later he submitted a Classification Questionnaire (SSS Form 100), but did not then claim conscientious objector status. In November, 1966, appellant was classified I-A, and on October 9, 1967, after a physical examination, was found acceptable for induction.

On December 21, 1967, appellant sent to the board a letter requesting a conscientious objector form. The board promptly mailed him the document (SSS Form 150), indicating that it was to be completed and returned on or before January 2, 1968 — ten days from the date of mailing. The form not having been returned by the due date, the board met, voted not to reopen appellant’s classification, and sent him a letter to that…