United States v. Stanton Francis Nelson

This Selective Service appeal seeks a relaxation of the exhaustion-of-administrative-remedies doctrine of McGee v. United States, 402 U.S. 479 , 91 S.Ct. 1565 , 29 L.Ed.2d 47 (1971).

Nelson was classified I-A and notified both of his right to appeal and of the availability of a Government Appeal Agent to assist him in preparing an appeal. He did not then appeal his classification. He later requested and received from his local board a Form 150, which he completed and returned with supporting letters claiming conscientious-objector status. The board (in New York) asked Nelson to appear for an interview. Nelson (in California) did not respond. He was thereafter informed that he had been retained in I-A, and he was again notified of his right to appeal. This time, however, the local board failed to send Nelson a Form 217 advising him of the availability of a Government Appeal Agent. Nelson did not appeal, and in due course he was ordered to report for induction.

Nelson refused induction, and defended the resulting prosecution on the ground that he should have been classified I-O, and that the failure of his local board to send him a second Form 217 excuses his failure to pursue his…