James C. Sandner, Jr. v. United States

In the year 1949, Appellant registered as required by the selective service laws of the United States. In doing so he claimed classification as a conscientious objector. This classification was denied him by the local board, and he was classified 1-A. He took an appeal. The classification of 1-A was affirmed by the Appeal Board. He was thereafter called up for induction but refused to submit to induction, and was thereafter indicted for such refusal. This indictment was subsequently dismissed because of certain administrative procedural defects. Appellant was again reclassified 1-A and took a second appeal.

On his second appeal from a classification of 1-A, appellant’s case was referred to the Department of Justice for investigation and recommendation under § 6(j) of the Selective Service and Training Act, 50 U.S.C.A.Appendix § 456(j). A hearing was had and a report made by the Department of Justice to the Appeal Board, wherein it was recommended that appellant be denied a classification of Conscientious Objector. No résumé of the evidence compiled during the F.B.I. ■ investigation was furnished Appellant at this time.

Subsequent to the affirmance by the Appeal Board of the…