United States v. Juan Manuel Baray

Juan Manuel Baray appeals his conviction of failure to submit to induction into the Armed Forces in violation of 50 U.S.C.App. § 462(a).

Baray, a Jehovah’s Witness, registered with the Selective Service System on October 4, 1963. In September, 1964 he completed a classification questionnaire (SSS Form 100) in which he stated that he was a minister of the Jehovah’s Witnesses and was a conscientious objector. He also indicated that he had been treated for tuberculosis and had been institutionalized for treatment for a period of five months.

Subsequently, the Local Board sent Baray SSS Form 150 (Special Form for Conscientious Objectors) which he completed and returned within ten days. The form detailed appellant’s claim for deferment as a conscientious objector and again indicated that Baray was a minister of the Jehovah’s Witnesses. In response, the Board requested Baray to appear personally before them for the purpose of clarifying information in his Selective Service file.

No determination of classification was made by the Board at the time of Bar-ay’s appearance. Instead, the Board voted to “hold for further information pertaining to ordination of registrant.” [SSF 22] On May…