United States v. William Lovett Jamison

Jamison appeals from a conviction for failure to submit to induction into the armed forces. 50 U.S.C. App. § 462. We consider only one of his many specifications of error, namely, that both the local board and the state appeal board denied his prima facie claim for exemption as a conscientious objector without stating their reasons. We agree, and reverse.

The law is clear. If a registrant states a prima facie claim for statutory exemption, the local board must give its reasons for denying the claim. United States v. Haughton, 413 F.2d 736, 739 (9th Cir. 1969). And if the record indicates that the local board may have denied the requested classification for an improper reason, the error is not cured by reclassification on appeal unless the appeal board indicates that it applied the correct standard. United States v. Atherton, 430 F.2d 741, 744-745 (9th Cir. 1970). See also Clay v. United States, 403 U.S. 698, 705 , 91 S.Ct. 2068 , 29 L.Ed.2d 810 (1971).

Jamison stated a prima facie conscientious objector claim. See Clay v. United States, supra, 403 U.S. at 700 , 91 S.Ct. 2068 . A number of passages in his presentation indicated conscientious opposition to war in any form. He…