United States v. Carl Dean Wilson

Wilson was indicted, tried, and convicted for having violated 50 U.S.C. App. § 462, in that he had refused to report for civilian work as ordered by his local Selective Service Board. We affirm.

Wilson does not contest his classification as a conscientious objector (I-O). He contends, however, that the Board abdicated its responsibilities under the Act in relying on the State Director’s list of acceptable civilian employments when it ruled that the work he himself suggested was not appropriate.

In Mang v. United States, 339 F.2d 369 (9th Cir. 1964), we held that there is no failure of due process or abdication of authority if a Local Board is guided by an approved list of accepfable civilian employment. Of course, the Board must also give consideration to a registrant’s suggestions, even though not on the list, which meet the criteria of “contributing to the maintenance of the national health, safety, or interest.” 32 C.F.R. § 1660.20 (a). However, such required consideration is predicated on the submission, by the registrant, of some specific employment.

Wilson’s offer to go on a musical tour of military bases and hospitals was commendable, and, in different circumstances,…