Barber

Appeal from an order denying a petition for naturalization. Right to naturalization was claimed on the ground of petitioner’s service in the armed forces for a period of over three years. Denial was on the ground that petitioner “has failed to establish that he has been a person of good moral character”, as required by the applicable section of the Nationality Act. Appellant asserts that in reaching that conclusion the court considered evidence which it was prohibited from- receiving in a case like this, where application is founded on military service. The basis of the appeal is the claim that-petitioner’s honorable discharge is, under the law, conclusive evidence of good moral character.

There are two distinct sections providing for naturalization of persons who have served in the armed forces. One. of these is referred to by the court in its order; the other is the one upon which appellant’s brief and argument are based. In some respects appellant comes within the provisions of both.

These are sections 324 and 324A of the Nationality Act of 1940, § 324A having been added by Act of June 1, 1948, 62 Stat. 282 , to replace Title 8, § 1001, which had expired. In Title 8 U.S.'C.A.…