Robert Lee Korte v. United States

This appeal presents the sole question as to whether a Selective Service registrant who has been previously convicted of a felony, is entitled to a classification in IV-F and exemption from service.

Korte, the appellant, was previously convicted in 1953 of a violation of the Universal Military Training and Service Act of 1948, hereinafter referred to as the Act, and was sentenced on July 3, 1953, to the custody of the Attorney General for a period of eighteen months. This violation of the Act, constituted a felony, Sec. 12(a) of the Act, [50 U.S.C.A.Appendix, § 462(a)]. He was released on parole on March 24, 1954. His parole expired about February 2, 1955. On September 11, 1953, following his incarceration he was classified in IV-F and remained in such classification during his imprisonment and parole.

Immediately following the termination of his parole, Korte was reclassified I-A by his local board. He filed a claim with the board asserting the classification of a minister, IV-D, based on his membership in a religious group known as Jehovah’s Witnesses.

The claim for change of classification was denied and the appellant took his claim before the Appeal Board, continuing to…