United States v. Fred Spencer Lonidier

Defendant was ordered to report on January 10, 1967, for induction into the armed forces. He reported on that date, but “qualified” his Security Questionnaire (DD Form 398) by stating that a relative had once been a member of the Communist Party. He was sent home and his local board was notified by an officer at the induction center that his records were being “held in abeyance” pending the completion of a security investigation.

On November 6, 1967, defendant filed a Special Form for Conscientious Objection (SSS Form No. 150) with his local board. Eight days later, the local board notified defendant that it had voted not to reopen his classification because “it did not specifically find there has been a change in circumstances over which you had no control,” as required by 32 C.F.R. § 1625.2 as a condition to the reopening of a classification after the mailing of an induction order. The board further informed defendant that theretofore his induction date had been temporarily postponed “[pjursuant to the provisions of part 1632 of Selective Service Regulations,” but that he was to report for induction on December 6,1967. Defendant reported and refused to submit to induction.

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