United States v. Duncan Walker

Walker appeals from the judgment convicting him of violating 50 U.S.C. App. § 462, refusing to obey the order of his Selective Service Board to submit to induction into the Armed Forces of the United States.

The principal issue on appeal concerns the validity of Walker’s 1-A classification.

The record reveals that Walker, shortly after being classified 1-A (available for military service) and before being ordered to report for induction, filed with his Local Board an SSS Form 150 in which he asserted a claim of exemption from both combatant and noncombatant training and service in the Armed Forces, by reason of religious training and belief, conscientiously opposing participation in war in any form, and requested a 1-0 classification (conscientious objector).

The Board summarily denied his claim but thereafter reopened the matter at Walker’s request and afforded him a personal appearance. However, the Board again denied him a 1-0 classification, on the ground that his professed religious beliefs were not sincerely held. The Appeal Board, without assigning the basis for its action, again classified Walker 1-A, presumptively for the reason assigned by the Local Board. United…