United States v. Samuel Dale Bittinger, III

BUTZNER, Circuit Judge:

Samuel Dale Bittinger, III, appeals his conviction for failing to report for civilian work, in violation of 50 U.S.C. App. § 462. Finding a lack of administrative due process, we reverse.

Bittinger became a Jehovah’s Witness at the age of 12, and when he graduated from high school in 1967, he was classified as a conscientious objector. On July 5, 1968, Bittinger’s local board ordered him to perform civilian work at a hospital. Bittinger went to the hospital on July 30, 1968, the effective date of the order, but he explained that he would not accept the work assignment…