United States v. Ray Beldon Enslow

Appellant Ray Beldon Enslow was indicted on January 15, 1969, for refusal to submit to induction in violation of section 12 of the Military Selective Service Act of 1967, 50 U.S.C.App. § 462. After a jury trial appellant was found guilty and sentenced to six months in the custody of the Attorney General. He filed a timely appeal to this court which has jurisdiction under 28 U.S.C. § 1291 .

On December 22, 1964, shortly after he turned 18, appellant registered with Local Board 180 in Peoria, Illinois. In his initial Classification Questionnaire (SSS Form 100) he did not indicate any conscientious objector claim, but in a Form 100 submitted to the local board on January 19, 1965, appellant affixed his signature to Series VIII, that portion of Form 100 dealing with conscientious objection. In addition to signing this section appellant also crossed out the words “By reason of religious training and belief” which preface the CO claim and accompanying request for Form 150 contained in Series VIII. After receiving II-S deferments as an undergraduate at New College, Sarasota, Florida, and as a Danforth Foundation and Columbia Faculty Fellow in philosophy at Columbia, appellant withdrew…