United States v. Richard O. Yoha

Appellant stands convicted of failure to submit to induction into the armed forces in violation of 50 U.S.C.App. § 462.

Although he twice requested a form 150 for application for conscientious objector status, appellant never completed or returned the form. The question presented on appeal is whether, under the circumstances of this case, this failure to present his claim to the Selective Service Board precludes his challenging his classification. We hold that it does.

Appellant contends that the form 150 is misleading in that the repetitious use of the term “religion” wrongly yet reasonably led him to believe that his nonreligious conscientious scruples did not qualify for 1-0 classification and thus lulled him into foregoing the administrative procedures.

We find no merit in this contention. It was not misleading for the service to inquire whether the basis for belief was religious. The existence of such a basis in the traditional sense, while not required, is certainly relevant. Appellant’s second request for a form (made after he was sent his induction order and thus ineffective under Ehlert v. United States, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 (1971)), casts doubt…