United States v. Bruce Allen Uhl

Appellant appeals his conviction of refusal to be inducted into the Armed Forces of the United States in violation of 50 U.S.C. App. § 462. His appeal (1) attacks the Board’s refusal to open his classification in response to his request for a C.O. classification, made after receipt of his notice of induction and (2) the constitutionality of peacetime conscription. We reject appellant’s contentions and affirm his conviction.

Appellant was reclassified I-A on April 2, 1968 and on March 3, 1969 was ordered to report for induction on March 25. He failed to report. The Board received a letter from appellant on April 15, 1969 that indicated,the failure to report was due to a change of mailing address and requested another induction notice.

On May 16, 1969, the Board sent a letter to appellant fixing June 3, 1969 as a new induction date. On May 19, 1969, appellant requested and received a Conscientious Objector Form 150, which he completed and returned the same day. Appellant appeared before the Board on June 11, 1969, at which time he stated as to the views expressed in his Form 150, “I felt this way all my life.” The Board informed appellant on June 17, 1969 that it refused to reopen…