United States v. Thomas Wayne Pen

Appellant Pen was found guilty of refusing to report for civilian work ordered in lieu of induction into the Armed Forces. 50 U.S.C. App. § 462. He was sentenced to three years, suspended on condition that he perform two years of alternative civilian service. We affirm.

Pen, a member of Jehovah’s Witnesses, registered with his local board in 1964 and was classified I-O. After he passed a physical examination, the board notified him that he would be given civilian work. He wrote to the board, expressing his belief that his religion prevented him from accepting any work offered through the Selective Service System. He repeated this position to a representative of the state director’s office.

In June 1970 Pen was ordered to report to Western State Hospital in Steilacoom, Washington. He went to the hospital and told its personnel director that he would not accept a job with him.

Pen argues that no jobs were in fact available at the time he reported to the hospital. The government concedes this, but observes that the hospital was taking applications, giving tests, and conducting interviews to compile a list of qualified workers to be called as the need arose. Pen refused to…