United States v. Wayne Nelson Berry

Wayne Nelson Berry appeals from a conviction for violating 50 App. U.S.C. § 462(a): failing to report for civilian employment as ordered in lieu of induction into the armed forces. We affirm.

Berry was classified 1-0 (Conscientious Objector) by his local Board on May 20, 1968. Three days before he was ordered to report to the Board for instruction to proceed for civilian work at Western State Hospital in lieu of induction he wrote the Board requesting a ministerial classification (IV-D). He stated that he was devoting one hundred hours per month to field service activity for the Jehovah’s Witnesses and, in addition, was serving as a Book Study Servant in the Lake Stevens Congregation. The letter gave no indication whether his work as a Jehovah’s Witness was his regular or customary vocation.

On the reporting date, Berry appeared at the local Board and, in support of his request for a ministerial classification, submitted several letters from various officials in the Lake Stevens Congregation which indicated that he was serving as a Vacation Pioneer and Book Study Servant, had averaged sixty-five hours of work per month in this capacity for the previous six months, and was…