United States v. Mark Claude McKinley

Appellant McKinley was convicted of refusing to submit for induction into the armed services in violation of 50 U.S.C. App. § 462. Appellant appeals in forma pauperis, and we affirm.

The facts surrounding appellant’s refusal are uncontroverted: On December 16, 1968, appellant was classifed 1-A by his local board. At a subsequent pre-in-duction physical, he was found acceptable. On November 7, 1969, appellant’s local board mailed him a Current Information Questionnaire (SSS Form 127), and he was instructed to fill it out and return it to the board. In the part of that questionnaire entitled “Physical Condition,” the question was asked: “If you have any physical or mental condition which, in your opinion, will disqualify you for service in the Armed Forces, state the condition and submit a physician’s statement, if you have one, with this form or submit such a statement at a later date.” Appellant made the following written response therein to the query: “I am physically and mentally uncapable [sic] of killing another human being.” On November 21, 1969, he was mailed his Order to Report for Induction, instructing him to report on December 8, 1969. He appeared on that date, but…