United States v. Richard Martin Andersen

ELY, Circuit Judge:

Andersen was convicted for having failed to submit to induction into the armed forces. 50 U.S.C. App. § 462. We have concluded that the local board had no basis in fact for denying Andersen’s timely claim for exemption as a conscientious objector; hence, the judgment of conviction must be reversed.

Andersen had received both student [II — SU and occupational [II-A] deferments from his local board, the latter for a computer programming course he completed in March, 1969, On March 7, 1969, and on April 2, 1969, Andersen submitted completed applications for a conscientious…