United States v. Paul J. Nix

Paul Nix was convicted in a court trial for his refusal to be inducted into the armed forces in violation of 50 U.S. C.App. § 462. In this appeal he contends that his local board denied him due process (1) by refusing to reopen his classification when he requested a Conscientious Objector’s classification after he received a notice of induction and (2) by constructively reopening his classification without allowing a Selective Service appeal.

Nix was reclassified 1-A on February 5, 1968. During the summer of 1968 he became interested in the Jehovah’s Witnesses. Nevertheless, on July 18, 1968, he enlisted and was inducted into the Naval Reserves to report for duty on November 14, 1968. On that day he reported, but was discharged for the convenience of the government, apparently because he admitted in a questionnaire that he had experimented with marijuana.

On February 28, 1969, the local board mailed Nix an order to report for induction on March 25, 1969. Shortly before that day, Nix requested and received Conscientious Objector Form 150, which he completed and returned to the local board on March 24, 1969.

The board postponed Nix’s induction and scheduled an interview for April…