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c30:No. 71-1251

U.S. Court of Appeals for the Third Circuit · 1971-07-02

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GANEY, Circuit Judge (concurring).
I wish to add that it was no mere coincidence that the appellant applied for Conscientious Objector Form 150 on the same day that he was declared fit for military service by the board on November 21, 1968. His statement that his conscientious objector status had been crystallized “for a few years now” is directly contradicted by his application for officer’s training status some six months earlier. This, coupled with the final conclusion in his supplementary letter to the board, “I cannot participate in an aggressive war”, in my judgment, were most valid reasons for confirming the board’s position that he had produced no substantial or material evidence of a change in status and that his contentions were insincere. On this record, the expertise of the board in passing judgment on this application should be sustained without setting forth any reason for its decision.

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