United States v. Claud Michael Kember

Claud Michael Kember appeals from his conviction for failing to submit to induction into the armed forces, in violation of 50 U.S.C. App. § 462.

Kember first argues that there is no basis in fact in the agency record for classifying him I-A, subject to induction, instead of I-O, as a conscientious objector available for civilian work.

Kember’s application to the local board for a conscientious objector classification clearly meets the statutory cri teria for such classification. See Welsh v. United States, 398 U.S. 333, 339-340, 342-343 , 90 S.Ct. 1792 , 26 L.Ed.2d 308 (1970). It was therefore the duty of the local board to state the reasons for its denial of the application. United States v. Haughton, 413 F.2d 736, 739 (9th Cir. 1969). The local board did not do so.

However, as pointed out in United States v. Verbeek, 423 F.2d 667, 668 (9th Cir. 1970), since Kember took an appeal to the appeal board, which reviews such cases de novo, it is the action of the latter board that concerns us here. Nevertheless, we think the rationale of Haughton requires that the appeal board as well as the local board state its reasons for denial of a conscientious objector claim where the…