United States v. Peter Ward Pace

Peter Ward Pace appeals from a conviction, at a non-jury trial, for failure to report for induction, in violation of 50 U.S.C. App. § 462.

Pace registered with Local Board 33, Stockton, California, on February 3, 1964. After giving him several II-S deferments, the local board classified Pace I-A on August 29, 1968. The agency medical examiners gave him a complete physical examination on October 22, 1968, and found him acceptable. On April 17, 1969, the board ordered Pace to report for induction on May 21, 1969. On April 28, 1969, the board received Pace’s written request for a Selective Service System Form 150, to be utilized in requesting conscientious objector status. On May 5, 1969, the board received Pace’s Form 150 application.

On May 13, 1969, the board considered this application pursuant to 32 C.F.R. § 1625.2 , at which time all five members signed a statement that the “Board believes that the registrant is not sincere in his Conscientious Objection because of the sudden accession of beliefs unsupported by other facts.” However, in the notice sent to Pace on May 14, 1969, the executive secretary of the local board advised Pace that the board determined not to reopen the…