United States v. Roger Grant Newton

Roger G. Newton, classified I-A-0 by his local Board, was ordered to report for duty in the military as a noncombatant. He refused and was convicted for violation of the Universal Military Training and Service Act (50 U.S.C. App. § 462). On appeal he challenges the validity of his classification. We reverse.

Appellant was initially classified IA-0 by his local Board because of his conscientious objector beliefs and because he indicated he was willing to serve in noncombatant lines. Newton enrolled in college and received a II-S (Student) deferment. Upon leaving school he was classified I-A. He returned to school and was reclassified IS.

Newton then notified the Board that he was now opposed to military service in any form. The Board considered appellant’s new conscientious objector request and then classified him I-A. Newton appealed. His file was referred to the Justice Department for recommendation. After a personal appearance before the hearing officer, the Justice Department, following the conclusions of the officer, suggested that Newton was sincere as to his conscientious objection to combatant military participation but was not sincere as to his opposition to noncombatant…