Dulles

Plaintiff is here seeking a judgment declaring him to be a citizen of the United States. He alleges that he was born in Holtville, California, September 4, 1924; that he was taken to Japan in 1933 while he was a minor; that he served in the Japanese Army from September, 1944, to September, 1945; that said service was not plaintiff’s free and voluntary act but was due to the compulsory Japanese conscription law and was under duress and coercion; that he voted in an election held in occupied Japan in April, 1946; that said voting was not his free and voluntary act but was under duress and coercion, confusion and mistake; that in May, 1947, he applied at the American Consulate, Yokohama, Japan, for a passport as a United States citizen; in June, 1947, said application was denied by the American Consul on the ground that he had lost his United States citizenship by reason of the afore *938 said military service; that in so acting said Consul denied him a right or privilege as a national of the United States on the ground that he was not a national of the United States.

Plaintiff asserts jurisdiction pursuant to Section 503, United States Nationality Act of 1940 ( 8 U.S.C.A. § 903 ),…