United States v. Harold Richard Kirkpatrick, Jr.

BARRETT, Circuit Judge.

Harold Richard Kirkpatrick, Jr. was classified II-S, a student deferment, in February of 1966. On December 25, 1969, he wrote his draft board that he was opposed to the “genocidal war machine” and that he refused to accept a II-S deferment any longer. The local board mailed Kirkpatrick SSS Form 127 and SSS Form 150. Form 127 is the Current Information Questionnaire and Form 150 is a conscientious objector application.

Kirkpatrick was ordered to report for a physical exam on April 15, 1970. He passed the physical. On May 15, 1970, the draft board notified him that he was…