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UNITED STATES v. NEAMAND

June 30, 1969

UNITED STATES of America, Plaintiff,
v.
Neal Thomas NEAMAND, Defendant



The opinion of the court was delivered by: NEALON

 Neal Thomas Neamand has been charged with a violation of the 1967 Military Selective Service Act, 50 U.S.C. App. § 462, for refusing to submit to induction into the Armed Services on June 11, 1968. Defendant was indicted on August 15, 1968. His first arraignment before this Court on October 4, 1968, was postponed when defendant appeared without counsel. An Attorney was then appointed and on January 31, 1969, defendant entered a plea of not guilty to the indictment. He then waived a jury trial and the case proceeded before this Court on February 17, 1969. Upon consideration of the merits of this case, I now find defendant guilty as charged in the indictment.

 To place this case in proper perspective, we must consider defendant's Selective Service background. From the evidence adduced at the trial, I make the following findings of fact.

 FINDINGS OF FACT

 1. Neal Thomas Neamand was born on November 4, 1942, and registered with Local Selective Service Board 114, Bethlehem, Pennsylvania, on November 14, 1960.

 2. On February 12, 1963, Local Board 114 mailed defendant a Classification Questionnaire (SSS Form 100), which he completed and returned and which indicated that defendant was a full-time student at Lehigh University, Bethlehem, Pennsylvania, majoring in History. He did not claim status as a conscientious objector at this time.

 3. Defendant was classified 2-S (the proper category for students) during his undergraduate years at Lehigh University. He received his Bachelor of Arts degree on June 8, 1964, and on June 22, 1964, Local Board 114 classified defendant 1-A.

 4. On July 27, 1964, Local Board 114 classified defendant 2-S until June 15, 1965, upon being informed that defendant was accepted for admission to the Graduate School at Lehigh University beginning in September, 1964.

 5. On June 22, 1965, Local Board 114 again classified defendant 2-S until June 1, 1966, upon being informed that defendant was a full-time graduate student at Lehigh University.

 6. On March 23, 1966, defendant was ordered by his Local Board to report for an Armed Forces physical examination on April 19, 1966. He was subsequently found fully acceptable for induction.

 7. On April 9, 1966, defendant requested a Conscientious Objector Form (SSS Form 150) from his Local Board and completed and returned it on April 21, 1966. Two members of the faculty at Lehigh University and one member of the faculty of Bloomsburg State College and defendant's sister wrote letters in support of defendant's claim.

 8. On June 22, 1966, Local Board 114 again classified defendant 2-S, but on this occasion it was made effective only until October 1, 1966.

 9. In August, 1966, defendant was appointed research assistant to Professor L. H. Gipson at Lehigh University and he so notified his Local Board.

 10. On September 21, 1966, Local Board 114 considered defendant's Conscientious Objector Form and reclassified him 1-A. Defendant requested a personal appearance within the required time period. This was scheduled for October 18, 1966, but was later rescheduled for October 25, 1966.

 12. At defendant's personal appearance before his Board, he presented for consideration a five-page statement of his views on war and a copy of a Vietnam Resolution approved by the Student Peace Union.

 13. At its November 22, 1966, meeting, Local Board 114 classified defendant 2-A until November 22, 1967.

 14. In October and November, 1967, defendant mailed to Local Board 114 resolutions and articles concerning the war in Vietnam and various poems and prose which he had composed.

 15. On November 17, 1967, defendant informed his Local Board of his intention to travel outside the United States for the following ten to twelve months.

 16. On December 12, 1967, Local Board 114 unanimously classified defendant 1-A and properly notified him.

 17. By letter dated December 21, 1967, received by the Local Board on January 2, 1968, defendant appealed his 1-A classification. His file was then forwarded ...


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