United States v. David Kent Stock

David Kent Stock appeals from his conviction for refusal to submit to induction in violation of 50 U.S.C.App. § 462(a).

Stock’s local board last classified Stock I-A on December 1, 1969, and he took no administrative appeal therefrom. On May 26, 1970, the local board ordered him to report for induction on June 24, 1970. Eight days prior to his reporting date, Stock requested and received an SSS Form 150 (conscientious objector). The local board received the completed form on June 22, 1970. The form, as completed, offered no explanation as to why Stock had not filed his conscientious objector application on an earlier date. On the day it received the application the local board notified Stock that his induction had been postponed until further notice.

On July 7, 1970, the local board notified Stock that the board had, pursuant to 32 C.F.R. § 1625.2 , determined that there was no change in Stock’s status resulting from circumstances over which he had no control and that, accordingly, his classification was not reopened. On July 15, 1970, Stock’s attorney sent a four-page letter to the State and National Directors of the Selective Service Sys tem, and others, requesting them to…