Sullivan

This is an appeal by the Commanding Officer, and the Commanding Officer, Reception Center, Fort Lewis, Washington, from an order in a habeas corpus proceeding discharging John Gale Swatzka from the army. The proceeding was brought by registrant’s father on the ground that registrant’s draft board in Linn County, Oregon, had arbitrarily and capriciously denied registrant’s claim for agricultural deferment under the Miller-Tydings Amendment to the Selective Training and Service Act of 1940.

*966 After a hearing, in which he considered registrant’s draft file and heard testimony, Judge Leavy rendered a careful opinion covering many points. The Judge sustained the contentions made in registrant’s behalf and remanded registrant to. the draft board for further classification.

Counsel were in agreement at the oral argument that the sole question for our-decision is whether registrant was denied due process by the draft boards. That we consider to be the issue.

Registrant filed the usual general and occupational questionnaires and a special questionnaire for farm workers. After a hearing in which registrant and his father participated, the local draft board requested the opinion of…