Gary Edward Goetz v. United States

Goetz was charged in an indictment with a violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., in that he knowingly refused to be inducted into the armed forces. Upon this appeal from his conviction he asserts that his classification by the Selective Service boards was without basis in fact; that the action of the boards was arbitrary and capricious; and that he was denied the hearing required by the Selective Service Regulations.

In the papers filed with the local board Goetz claimed to be a minister of religion and also that he was conscientiously opposed to both combatant and noncombatant military service. The local board classified him in I-A-0 (conscientious objector available for noncombatant military service only). He requested and was granted a personal appearance before the board which continued him in I-A-O. He appealed to the appeal board which referred his file to the Department of Justice for a hearing and recommendation. Under date of October 1, 1952, the Department of Justice by a Special Assistant to the Attorney General, reported to the appeal board that after a hearing by the Department’s hearing officer, the…