United States v. Walter Daniel Coffey

This is an appeal from a conviction for refusing induction into the Armed Forces. 50 U.S.C. App. § 462(a). Under the compulsion of Welsh v. United States, 398 U.S. 333 , 90 S.Ct. 1792 , 26 L.Ed.2d 308 (1970), we reverse.

Coffey registered with his local board in 1961. Until 1965, he was classified I-A, although he sporadically attended the University of California at Berkeley during that period. From March 1965 to October 1965, and from January 1966, to October 1966, his local board granted him a student deferment.

In September 1966, Coffey requested a Special Form for Conscientious Objector, Selective Service Form 150. He failed to complete it, however, advising the board that “since my objection is not founded in a strictly religious belief, I could probably not qualify for Class IA-0 or 1-0 and I have not returned the form.”

Three months later, he changed his mind. He informed the board that he had “come to believe that my beliefs would qualify me for conscientious objector status,” and requested a second Form 150. This time he completed and returned it to the board on February 20, 1967. At its meeting March 16, 1967, the board voted to retain Coffey in class I-A denying his…