Albert Clementino v. United States

Clementino was found guilty of a violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., in knowingly failing and refusing to be inducted into the armed forces. Upon this appeal one of his contentions is that the action of the Selective Service Appeal Board in placing him in Class I-A, that is to say, available for military service, was arbitrary, capricious, without basis in fact, and made in disregard of the applicable Selective Service regulations.

Clementino claimed both a ministerial and a conscientious objector exemption. He had a personal appearance before the local board. That board placed him in Class I-A-O, that is to say, for noncombatant service in the armed forces. He appealed to the board of appeal and after a preliminary determination by that board that he was not entitled to a conscientious objector classification, his file was referred to the Department of Justice for inquiry and hearing. He had the usual hearing before a hearing officer designated by the Department; and the hearing officer’s report was forwarded by the Department of Justice to the appeal board with the statement that the hearing officer’s report was…