United States v. David Henry Lloyd

David Henry Lloyd appeals from his conviction for refusing induction into the Armed Forces, in violation of 50 U. S.C.App. § 462. We affirm.

Twenty-two days after Lloyd’s local board ordered him to report for induction, he requested a Form 150 for conscientious objector status from his local board. When the board received the completed form, it postponed Lloyd’s induction and reviewed the application for conscientious objector status, but declined to reopen Lloyd’s classification because there had been no showing of a change in circumstances over which appellant had no control. See 32 C.F.R. § 1625.2 . A new induction date was set but Lloyd refused induction, and his conviction followed.

Lloyd argues that, after the local board received his conscientious objector claim, its action thereafter constituted a de facto reopening of the classification and, since the claim sets forth a prima facie claim for such status, it was improper for the board to reject it, at least without stating its reasons. The board action Lloyd refers to as constituting a de facto reopening was the postponement of induction pending consideration of the conscientious objector claim, and the notice the board…