United States v. Allen Franklin French

French appeals from his conviction of violating 50 U.S.C. App. § 462, by his failure to comply with an order from his Selective Service Board to report for induction into the Armed Forces. We reverse.

French testified that he received the order, that he did not report, and that he knew the consequences of not reporting. French filed a claim for classification as a conscientious objector with his local draft board. The board classified him 1-A. He appealed to the Appeal Board. Under the procedure then in effect he was given a hearing before a representative of the Department of Justice. The Department advised the Appeal Board, first, that French’s objections to war were not based on “religious training and belief,” and second, “that the registrant is not sincere in his claim.” The Appeal Board again classified French 1-A, but stated no reason for doing so.

Because the Appeal Board stated no reason for its decision, we must reverse if one reason given by the Department of Justice for sustaining French’s 1-A classification is erroneous, either because it is legally incorrect or because it is not supported by any basis in fact. The reason.is that we cannot tell whether or not the…