United States v. Mark Albert Vaughan

Mark A. Vaughan appeals a judgment of conviction by the district court for violating 50 U.S.C.App. § 462 (refusal to be inducted into the Armed Forces). We affirm.

The appellant was classified I-A on November 23, 1969, and thereafter requested a Form 150 in order to present a concientious objector claim. He never returned it. In due course, Vaughan was ordered to report for induction and was found medically acceptable. During preinduction processing Vaughan completed the Armed Forces Security Questionnaire, DD Form 98, certifying in it that he had never been associated with any organization of security significance. He also filled out a Statement of Personal History, DD Form 398. In answer to question No. 16 asking that he list his membership in any organizations he answered “NONE,” and in answer to question No. 17, he again stated that he had never been associated with a subversive group. However, in answer to question No. 19, calling for incidents which might reflect upon his loyalty or his suitability for military duties, he responded that to participate in military service would violate the scripture and his Christian conscience. He did not sign DD Form 398, nor was it signed…