James Marvin Shea, Jr. v. John N. Mitchell, as Attorney General of the United States

J. SKELLY WRIGHT, Circuit Judge.

As a gesture of protest against American involvement in the Vietnam war, appellant Shea sent his Selective Service Notice of Classification to his draft board in April 1967. Subsequently Shea refused to apply for a duplicate card and then returned an unsolicited duplicate which the board sent him on its own initiative in June 1967. Finally, on July 19, 1967, the local board declared Shea delinquent pursuant to 32 C.F.R. § 1642.4 (1969) for “failure to retain a Registration Certificate and Notice of Classification as prescribed by Selective Service Regulations.”…