United States v. Terrance Sheldon Hand

Decision of this case is controlled by Ehlert v. United States, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 , decided April 21, 1971. Appellant was registered with Local Board No. 117, Gardena, California, of the Selective Service System. On May 8, 1967, the Local Board classified Appellant 1-A. On January 17, 1969, the Board sent Appellant a Notice to Report for Induction on February 4, 1969. On January 30, 1969, the Board received a request from Appellant for SSS Form 150, the Special Form for Conscientious Objectors, and the completed form was filed by Appellant on the same day. On January 31, 1969, the Board sent Appellant a Postponement of Induction Notice (SSS Form 264) and a letter advising him that an interview was scheduled on February 11, 1969. At the commencement of the interview, Appellant read and signed a statement: “I, Terrance Sheldon Hand, fully understand that my discussion with the local board will not constitute the reopening of my ease, but is for an interview only and is not considered a personal appearance.” The Board’s minutes of the interview note the following action at its conclusion: “Board decision: Must report for induction. All members present were…