United States v. Donald Lee

Donald Lee appeals his conviction for failure to submit to induction in violation of 50 U.S.C. App. § 462. On April 30, 1969, Lee was ordered to report for induction on May 28, 1969. On May 13, he wrote his local board stating a claim to conscientious objector status and requesting Selective Service Form 150 for claiming that status, which was sent to him on May 19. He neither completed nor returned the form, but reported for and refused induction on May 28. Subsequently, on July 17, he requested another Form 150, which was sent to him, but again never returned. The local board has never considered Lee’s conscientious objector claim on its merits. He was indicted, tried by a judge without a jury, and convicted.

Lee offered two defenses in the District Court and renews them on appeal. First, he argues that the local board erred in refusing to hear his conscientious objector claim. Second, he contends that he was called for induction out of order under the pre-lottery, oldest first draft system. We find no merit in either contention and affirm the conviction.

1. Lee’s request for change of status was not received until after he was ordered to report for induction. The local board…