Basil Leroy Sterrett v. United States of America, Joseph David Triff v. United States

Each of these appellants was found guilty of a refusal to submit to induction contrary to the provisions of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. In each case the appellant, as a registrant, claimed exemption under the Act as a conscientious objector and made that claim before the local board. That board, after a personal appearance by the registrant, placed him in Class 1-0 (conscientious objector to both combatant and non-combatant military service). The registrants appealed, each claiming classification as a minister (IVD).

In the case of Triff the appeal board on March 18, 1952, reviewed the file and “determined that registrant should not be classified in Class 1-0 under the circumstances set forth in subparagraph (4) of paragraph (a) of Section 1626.25 (a) (4)”. On the same day the appeal board took the same action and made the same determination with respect to Sterrett. In each case the registrant’s file was forwarded to the United States Attorney for the stated purpose of securing an advisory recommendation from the Department of Justice. This was done by identical letters dated March 31, 1952. Under date of May 14, 1952, the…