United States v. David Allen Droge

Droge appeals from his conviction of refusing to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462(a).

Droge was classified I-A on January 13, 1970. On April 27, 1970, he filed a completed Form SSS 150 requesting classification as a conscientious objector (I-O). On August 24, 1970, the local board reopened his classification, but denied the 1-0 classification on the ground that he was not sincere, and classified him I-A. Droge requested a personal appearance. He appeared on October 23, 1970. The board again denied his claim, this time on the ground that the claim was based upon “essentially political and philosophical opposition to the Viet Nam War” rather than “Conscientious objection to war in any form.” The “Executive Secretary” of the Board prepared, signed, and placed in Droge’s file a one and one-half page summary of what was said and done at this appearance. Assuming that it is accurate, it supports the board’s determination. Droge, however, never knew of the existence of this summary. He appealed, and on January 7, 1971, the appeal board, without stating the reasons for its decision, upheld the local board’s denial of Droge’s claim and…