United States v. Roger Zaylor Mason

408 F.2d 1326, 1969 U.S. App. LEXIS 12849

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 11, 1969
• Docket: 12869
• Status: Published

Opinion

PER CURIAM:

Roger Zaylor Mason was granted ministerial exemption from the draft as a Pioneer of the Jehovah’s Witness sect. When he ceased his activity as a Pioneer and listed his principal occupation as automobile mechanic the Board reclassified him 1 A, and subsequently accorded him classification as a conscientious objector. Upon his refusal to report for civilian work in lieu of military service he was charged and convicted of a violation of 50 U.S.C.A. App. 456(j) and 462(a), and appeals.

We agree with the district judge that there was a basis in fact for re-classification, and that the Board did not abuse its discretion in declining defendant’s request to re-open and consider anew its final 1-0 classification.

Affirmed.