Mulloy v. United States, 398 U.S. 410 (1970)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

Petitioner, who had been classified I-A, applied to his local Selective Service Board for a I-O classification as a conscientious objector, filing the appropriate form with detailed answers. Letters were submitted by five persons attesting to the sincerity of petitioner’s belief. At petitioner’s request, the board granted him a personal appearance. He was notified that the classification had not been reopened and that the interview was a matter of courtesy. Under Selective Service regulations, reopening would have entitled petitioner to an administrative appeal from the rejection of his conscientious objector claim. Petitioner then refused to submit to induction, and was tried and convicted for violating 50 U.S.C. App § 462(a).

Held: Where a registrant makes nonfrivolous allegations of facts not previously considered by his board, that, if true, would be sufficient under the regulations to warrant granting a reclassification, the board must reopen the classification, unless the truth of the new allegations is conclusively refuted by other reliable information in registrant’s file, thus affording the registrant an administrative appeal from an adverse determination on the merits. Pp. 415-418.

412 F.2d 421, reversed.