United States v. James, 12919.

• Decision Date: 26 June 1969
• Docket Number: No. 12919.,12919.
• Citation: 417 F.2d 826
• Parties: UNITED STATES of America, Appellee, v. Claude JAMES, Jr., Appellant.
• Court: U.S. Court of Appeals — Fourth Circuit

417 F.2d 826 (1969)

UNITED STATES of America, Appellee, v. Claude JAMES, Jr., Appellant.

No. 12919.

United States Court of Appeals Fourth Circuit.

Argued April 11, 1969.

Decided June 26, 1969.

R. G. Shannonhouse, Rocky Mount, N. C., for appellant.

W. Arnold Smith, Asst. U. S. Atty. (Robert H. Cowen, U. S. Atty., on brief), for appellee.

Before BRYAN, WINTER and BUTZNER, Circuit Judges.

WINTER, Circuit Judge:

Defendant was convicted for violation of 50 U.S.C.A.App. § 462(a) and sentenced to a term of five years imprisonment for refusing to report for and submit to induction into the Armed Forces of the United States.¹ On appeal, defendant contends that the order to report for induction was invalid because he was improperly refused conscientious objector classification. From our examination of the record, we conclude that there was no basis in fact to classify defendant I-A and to deny him conscientious objector status. Accordingly, the judgment of conviction will be reversed.

I

The factual background of the case, as revealed by defendant's selective service file, is briefly as follows: In May, 1965, at age 18, defendant completed his initial classification questionnaire (SSS Form 100) in which he stated that he was pursuing a course of instruction at the Kingdom Hall, Greenville, North Carolina, under the direction of the Jehovah's Witness denomination in preparation for the ministry. At the same time defendant indicated, by signing in the appropriate place, that he was a conscientious objector and requested a special conscientious objector form. Because he had not at that time completed high school, he was classified I-S(H). In September, 1965, defendant enrolled in an agricultural business course and was thereafter classified II-S.

In October, 1966, the local board mailed to defendant a copy of the conscientious objector form (SSS Form 150). Therein he responded positively that he believed in a Supreme Being. He indicated that he was opposed to participation in war in any form and requested exemption from both combatant and noncombatant service. Defendant stated as the basis of his claim that "I don't believe in killing or aiding anyone else in killing. The Bible says thou shall not kill." Defendant further stated that he relied upon his father, who was a Jehovah's Witness, for spiritual guidance, and that "I acquired my belief from my father's teachings and from the meetings I attended in Jehovah Witness's homes and from meetings at the Kingdom Hall in the past three or four years." In answer to the question of under what circumstances, if any, he would sanction the use of force, he replied that he would do so strictly in self-defense, i. e., "if someone attacked me and was going to kill me. Then I still wouldn't if there was any way to prevent it." Defendant further stated, "I never like to kill anything or see anyone else kill." In answer to the query whether he had ever given public expression to his religious views, he answered: "Yes. When I was working in Long Manufacturing Company in Tarboro. At Pitt Technical Institute this year." Defendant included the names of his father and a friend as individuals who could attest to the sincerity of his views.

The selective service file indicates that in March, 1967, defendant "dropped from full time educational program," whether voluntarily or not is unclear. He was forthwith reclassified I-A. He was subsequently ordered to report for induction on September 6. On that date he refused to be inducted because of his religious beliefs. On September 7, defendant's file was forwarded to the State Director of Selective Service. A few days later it was returned to the local board with the instruction that it be reopened "for the purpose of classification." There is no indication that additional evidence was considered by the local board, which again classified defendant I-A. After a second review, the State Director advised the local board that they should enter defendant's name on the record of delinquents and that he should be allowed to have a personal appearance within 30 days, if requested. Defendant did request a personal appearance, the local board's memorandum of which is as follows:

"Registrant appeared before the Board for his personal appearance and gave the following information:

Registrant was asked if he had any new or written information to present to the Board and he said no. He stated that he just does not believe in going into the service at all — that he does not believe in killing anyone. Registrant was asked by the Board as to whether he is now a member of a religious sect or organization and he stated that he is not. He stated that he attends the Jehoviah\'s sic Witness and believes in that religion but has not become a member. He stated that there is more to becoming a member than just joining. Registrant stated that he is now working at Carolina Office Equipment Company and is going to night school at Pitt Technical Institute taking Architectural Drafting on Mon. Tue. and Thur. nights.

Registrant had very little to say."

Two days later defendant was notified that his classification would not be changed. Thereafter, his file was forwarded to the appeal board, which, some three months later, classified him I-A. Defendant's second order to report for induction proved to be abortive when the local board neglected to process certain forms, but finally, on June 4, 1968, defendant again refused to be inducted, citing his religious beliefs. Trial, conviction, and this appeal followed.

II

In determining whether there was a basis in fact for defendant's classification, we consider at the outset an issue tangentially touched upon by the parties, namely, whether defendant actually submitted sufficient information to his local board to constitute a prima facie case for conscientious objector status, or whether, on the other hand, his claim is frivolous on its face. Cf. Miller v. United States, 388 F.2d 973, 976 (9 Cir.1967); Stain v. United States, 235 F.2d 339, 343 n. 13 (9 Cir.1956). We acknowledge in this connection that defendant's religious views are not set forth at length or articulately. Yet it is perfectly clear that defendant's timely assertions to his local board, if believed, demonstrate that he was brought up in, and had embraced, the religious tradition of one of his parents, who belonged to a denomination, the members of which have consistently opposed participation in war. Defendant asserted his personal objections, in light of this tradition, to participation in war in any form. He thus presented a prima facie case for exemption. United States v. Bortlik, 122 F.Supp. 225, 227 (E.D.Pa. 1954); cf. United States v. Freeman, 388 F.2d 246, 249 & n. 3 (7 Cir.1967). See also, Parr v. United States, 272 F.2d 416, 419 (9 Cir.1959).

Ever mindful that the conscientious objector exemption has traditionally been considered a matter of legislative grace² and that registrants must carry the burden of demonstrating that they are entitled to that classification,³ we believe, nevertheless, that not only the articulate may qualify as conscientious objectors.⁴ Entitlement to that status is not limited to those registrants who have read United States v. Seeger, 380 U.S. 163, 85 S.Ct. 850, 13 L.Ed.2d 733 (1965), and its progeny, and can express their views with them as models, or to those registrants who have counsel familiar with selective service law available to assist them.⁵

Finally, we deem significant the absence of any indication that the local board considered that defendant's file contained deficiencies which could be corrected by the submission of further evidence. Cf., United States v. St. Clair, 293 F.Supp. 337, 341 (E.D.N.Y.1968). See also, United States v. Purvis, 403 F.2d 555, 560-562 (2 Cir.1968); DeRemer v. United States, 340 F.2d 712, 718 (8 Cir.1965). Indeed, there is no indication that the local board even contacted those references which defendant had given in order that his sincerity could be verified.

III

We consider then the critical question of whether the record reveals a basis in fact for the refusal to accord defendant conscientious objector status.⁶ After thorough examination of the record, we are able to discern no such basis.

The starting point for analysis of a conscientious objector case remains Witmer v. United States, 348 U.S. 375, 75 S.Ct. 392, 99 L.Ed. 428 (1955), in which the Supreme Court concisely stated the interrelation between objective and subjective factors to be taken into account in evaluating conscientious objector claims:

"In conscientious objector cases the registrant cannot make out a prima facie case from objective facts alone, because the ultimate question in conscientious objector cases is the sincerity of the registrant in objecting, on religious grounds, to participation in war in any form. In these cases, objective facts are relevant only insofar as they help in determining the sincerity of the registrant in his claimed belief, purely a subjective question. In conscientious objector cases, therefore, any fact which casts doubt on the veracity of the registrant is relevant. It is `affirmative evidence * * * that a registrant has not painted a complete or accurate picture * * *\' Dickinson v. United States, supra (346 U.S. 389, p. 396, 74 S.Ct. 152, at p. 157, 98 L.Ed. 132). In short, the nature of a registrant\'s prima facie case determines the type of evidence needed to rebut his claim. * * * If, as here, the issue is the registrant\'s sincerity and good faith belief, then there must be some inference of insincerity or bad faith.

Since Witmer stated his beliefs with apparent sincerity, and since we find no indication anywhere in the record that his demeanor appeared shifty or evasive or that his appearance was one of unreliability, we must examine the objective facts before the Appeal Board to see whether they cast doubt on the sincerity of his claim." 348 U.S., at 381-382, 75 S.Ct.

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