The opinion of the court was delivered by: BOLDT
Defendant registered with Selective Service Local Board No. 12 on December 28, 1964. On January 21, 1965, defendant was classified I-S (H). On January 30, 1967, defendant wrote Local Board No. 12 and requested the appropriate application form for exemption as a conscientious objector. A Special Form for Conscientious Objector (SS Form No. 150) was mailed to defendant and returned to the Local Board on February 13, 1967. On February 14, 1967, Local Board No. 12 requested defendant to submit answers to additional form questions and letters from three (3) disinterested persons who had knowledge of his beliefs. In the same letter, defendant was advised that since his existing classification of II-S was lower than I-O, the request would not be acted on so long as he had a student deferment. Defendant was informed "until such time arises that you should lose your student deferment and your file is reopened for reclassification, this information you have submitted will not be acted upon."
On March 24, 1967, Local Board No. 12 was notified by the Registrar of the University of Puget Sound that defendant was no longer enrolled as a full-time student. On March 27, 1967, defendant was notified his classification was being reopened and was asked to submit the Conscientious Objector information previously requested. This information was supplied and on May 18, 1967, defendant appeared for an interview with the Local Board. Following this interview, defendant was classified I-A and notice thereof was mailed to defendant on the same day.
On May 26, 1967, defendant mailed a notice of appeal from his I-A classification which was received by the Local Board on May 29, 1967. At the next regular meeting of Local Board No. 12 twenty-four (24) days later, on June 22, 1967, the Board prepared defendant's appeal record, pursuant to 32 C.F.R. 1626.13, and forwarded defendant's file to the State Director of Selective Service where it was received June 23, 1967.
On June 30, 1967, the Military Selective Service Act of 1967 became effective. Six days later, on July 6, 1967, the State Director of Selective Service forwarded defendant's file to the Appeal Board for the Selective Service System in the Western Federal Judicial District of the State of Washington, where it was received July 7, 1967. On July 24, 1967, the Appeal Board classified defendant in class I-A and mailed defendant a Notice of Classification on August 1, 1967.
In response to defendant's inquiries, on August 18, 1967 Colonel Donald C. Peterson of the State Director of Selective Service wrote defendant, informing him in part as follows:
"Through the usual time required for administrative processing, your Selective Service file did not reach the Appeal Board for the Western Federal Judicial District until July 7, 1967. At this time, as you are aware, the provisions for referral of the case involving claims of conscientious objection to the Department of Justice were no longer in effect. * * *
"While I am merely speculating, it seems to me that the weakness in your claim of conscientious objection seems to be that it is primarily based on a personal philosophy and not upon religious training and belief, as required by the statute. Any information that you can furnish relating your claim of conscientious objection to the religious training and instruction you have received might be persuasive to cause your Local Board to again consider your claim."
"Therefore, in the hope of persuading you to reconsider my classification, I shall attempt to better explain my religious position."
In another letter of the same date, defendant inquired about Selective Service Regulation 1660.10, concerning civilian work for conscientious objectors. Both letters were received by the Local Board on August 28, 1967, referred to State Headquarters on September 6, 1967, and returned to the Local Board September 12, 1967. On September 13, 1967, the Local Board, in reply to defendant's letter of August 24, advised defendant that he was not qualified for civilian work as he was not classified I-O. Defendant was invited to come in and discuss his classification with the Local Board.
Defendant reported for an Armed Forces physical examination September 12, 1967, and on September 22, 1967 was advised he had been ...