United States Supreme Court
Clay v. United States
Argued: April 19, 1971. --- Decided: June 28, 1971
Mr. Justice HARLAN, concurring in the result.
I concur in the result on the following ground. The Department of Justice advice letter was at least susceptible of the reading that petitioner's proof of sincerity was insufficient as a matter of law because his conscientious objector claim had not been timely asserted. This would have been erroneous advice had the Department's letter been so read. Since the Appeals Board might have acted on such an interpretation of the letter, reversal is required under Sicurella v. United States, 348 U.S. 385, 75 S.Ct. 403, 99 L.Ed. 436 (1955).
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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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