United States v. Harry La Verne Timmins, II

Appellant appeals from his conviction for refusing to submit to induction into the Armed Forces. We reverse.

On August 11, 1969, appellant registered with his local board and thereafter returned his completed Classification Questionnaire, Form 100, wherein he signed Series VIII claiming, to be a conscientious objector. On October 24, 1969, Form 150, Special Form for Conscientious Objector, was mailed to him. He wrote the board on November 4, 1969, that he could not fill out the form because he had not had much “formal religious training”, but nevertheless claimed to be a conscientious objector on moral and religious grounds. On November 25, 1969, the board wrote appellant, stating, succinctly, “the local board requests that you return [Form .150] completed or not immediately”. This was not done. Thereafter, on February 2, 1970, appellant was classified I-A and was so notified.

On November 2, 1970, and again on November 4th, the local board received letters from appellant wherein he requested the “new” conscientious objector forms and indicated his willingness to fill them out and return them.' On November 6, 1970, the board sent appellant Form 150 and stated that it was “the…