United States v. Stephen Dana Roberts

This is an appeal from a judgment of conviction for refusal to be inducted, a violation'of 50 U.S.C. App. § 462. We affirm.

The following facts, stated first in summary fashion constitute the framework for the issues raised by appellant Roberts. On September 12, 1967, Roberts filed SSS Form 150 (Application for Conscientious Objector Status) which form he requested on August 30, 1967, when he submitted Form 100, Classification Questionnaire. The Board asked Roberts to appear on March 18, 1968, for a courtesy interview to discuss his request for an exemption from both combatant and non-combatant training and service. On that day, the Board classified Roberts I-A, and filed a Report of Oral Information, which stated the reason for the denial of the C.O. claim.

Before Roberts’ appeal from this classification was processed, he was reclassified in a lower priority classification, II-S, pursuant to his request and information which the Board received from Roberts’ college. The II-S classification expired on October 1, 1968. Nothing more was presented to the Board until January 21, 1969, when Roberts was again classified I-A. An appeal was timely filed, but on February 24, 1969, and…