the Merchant Marine. As the petitioner's employer, this
corporation requested a deferment for him.
On August 22, 1950, the petitioner submitted in his handwriting
a completed and signed S.S.S. Form No. 100, commonly referred to
as the "Classification Questionnaire". This document reflects
that he was born on September 29, 1926. He recites his service in
the U.S. Maritime Service from December 19, 1944 to January 8,
1946, when he received an honorable discharge. During this
period, he was also a cadet midshipman at Kings Point, Long
Island. He indicates that he is single and has no dependents. The
petitioner reports that as of January, 1947, and earlier he was
employed by his present employer, the Republic Molding
Corporation, which is engaged in the business of designing and
molding plastic products. In May, 1949, he assumed the duties of
"Vice President and Gen. Mgr. in charge of all operations and
development and engineering — including present time work for
government development." In August of 1950, he worked an average
of 60 hours per week at a salary of $100. He lists engineering as
prior work experience. The petitioner also states that he
completed eight years of elementary school as well as four years
of high school. He also attended Northwestern University at
Evanston, Illinois, for four years at the end of which he was
awarded a Bachelor of Science degree in chemistry and production
engineering. Under the caption "Registrant's Statement Regarding
Classification", the petitioner states that, in his opinion, his
classification should be IV-A, which is reserved for those
registrants who have completed honorable service in the Armed
Forces. Selective Service Regulations, Section 1622-40. The basis
for this opinion is recited by the petitioner as follows: "13 mo.
military service with 8 mo. overseas duty with award of 3 combat
area ribbons — plus present employment work on government
contracts." The questionnaire also reflects that the petitioner
is an American citizen, that he has no court record, and that he
is in good physical condition.
This questionnaire was enclosed in a letter from the Republic
Molding Corporation, signed by Carroll J. Lord and James W.
Crawford, to the Local Selective Service Board No. 98 on August
22, 1950. This letter advised that additional military work had
been taken on, and more was being considered. The services of the
petitioner were termed essential for this work.
On October 6, 1950, the petitioner appeared before the local
board, and there is a notation in the minutes of actions by the
local board that there would be no change in the classification
until further information was presented to it.
Such further information was presented to the board by the
registrant in the form of a letter dated October 11, 1950, in
which the registrant represented that he was general manager and
had complete charge of all operations of the Republic Molding
Corporation. The registrant further stated that this corporation
was engaged in critical war work, which was outlined to the draft
board in detail. The letter was accompanied by another, dated
October 13, 1950, and signed by the treasurer of the Republic
Molding Corporation, Carroll J. Lord, in which the registrant's
statements were confirmed.
Thereafter, on November 9, 1950, the registrant was again
classified I-A, and he was duly notified on November 13, 1950.
The Republic Molding Corporation, on November 16, 1950, requested
an oral hearing before the local draft board. On November 30,
1950, the registrant was given a 60-day deferment, during which
time he was classified II-A, deferred because of civilian
occupation, until February 21, 1951.
On January 4, 1951, Bertram William Coltman, Sr., the
registrant's father, directed a letter to Colonel Paul G.
Armstrong, State Director of the Selective Service System,
wherein he asked for an appointment with the Director. He also
emphasized the fact that the corporation was continuing
operations in essential war work. The father also attached
copies of the petitioner's service documents.
On January 9, 1951, the State Director sent his reply to the
father. In this letter, he advised the father that members of the
Merchant Marine were not considered as veterans; they are not
exempt under the law as passed by Congress. He further advised
the father that the question of the petitioner's essentially was
to be determined by the local board. The state office does not
classify registrants and it would not intervene in the
petitioner's case. He further informed the father as to the
petitioner's appellate remedies in the event of a
reclassification into I-A. The letter closed in the following
"Under present law, with a very limited number of
men available for military service, namely, only the
single non-veterans physically qualified for military
service under 26 years of age, there are few
deferments being given. The statement of Carl Vinson
of the House Military Affairs Committee indicates
that he will request that even the present tight
restrictions on deferment be restricted even more if
we are to build the force of the nation to a point
where we may reasonably expect to be able to defend
ourselves. I do not see where it is going to be
possible to do anything other than withdraw present
deferments to accomplish the job set up by the
Congress. I do not want to be arbitrary. My time is
very limited, and if this letter is not enough
indication that this office will not intervene in the
matter, I will be glad to discuss the matter briefly
with you. At the moment I can offer no particular
encouragement to you."
On February 7, 1951, the petitioner's father was sent a letter
from Col. Armstrong, advising the father that Brig. Gen. Louis H.
Renfrow, National Deputy Director of the Selective Service
System, had visited the state offices and had surrendered the
father's correspondence, which had been filed with the National
Headquarters of the Selective Service System. This
correspondence, dated December 8, 1950, set out the position of
the petitioner in the Republic Molding Corporation and complained
of the action of Local Board No. 98 in reclassifying the
petitioner from I-C to I-A. The petitioner's service documents
had also been forwarded to Washington, D.C. by the father. Col.
Armstrong had these papers placed in the petitioner's selective
service file. Once again, the State Director advised the father
of the petitioner's appellate remedies within the Selective
Service System, and also emphasized the fact that the petitioner
would have no further appeal should the appeal board affirm the
classification of the local board unanimously.
On February 8, 1951, Brigadier General Louis H. Renfrow, Deputy
Director, National Headquarters, Selective Service System, wrote
to the father of the petitioner, advising that he had discussed
the case of his son with the State Director, and that they had
come to the conclusion that in view of the fact that the son's
hearing before the local board regarding his classification was
set for February 21, "no action should or could be taken prior to
the action of the local board." The father was further advised
that if there was dissatisfaction with the classification, there
could be recourse to an appeal, and if the appeal in turn was not
satisfactory, the matter should then be discussed with the State
Director. "This process," wrote Brig. General Renfrow, "of
Selective Service must be followed if we are to have an orderly
withdrawal of manpower. I am sure that you as an attorney can
fully understand and appreciate why this is necessary."
On February 9, 1951, the father of the petitioner, in response
to the State Director's letter of February 7, 1951, requested a
conference with the State Director.
On February 20, 1951, the Republic Molding Corporation
forwarded to Local Board No. 98 of Evanston its petition for the
indefinite or extended deferment of the petitioner. The petition
represented the corporation as a war industry, which was
organized in January, 1946, and which, at
that time, employed 100 people. It itemized all current war
contracts as well as those under consideration. It set out the
petitioner's service record in the Merchant Marine. It
represented the petitioner as the sole operating head, who could
not be replaced and whose induction into the Armed Forces would
necessarily force the cancellation of all existing war contracts
as well as negotiations for future contracts and the termination
of all operations of the corporation. This petition was supported
by eleven affidavits. Seven representatives of other corporations
stated in their affidavits that they knew the petitioner as the
sole operating head of this corporation, that it was difficult to
replace a man of his training, that it would require four to five
years to train a person in order to replace the petitioner. The
three directors of this corporation, Carroll J. Lord, James W.
Crawford and Bertram Wm. Coltman, Sr., who is also president,
gave affidavits wherein they stated that they were not active in
the corporate management and that the petitioner was the sole
operating head. They further stated that the corporation was
engaged in war work, that it was about to assume additional war
contracts, that the petitioner could not be replaced, and that
his induction would force the cancellation of all war work and
the termination of all corporate operations.
On March 8, 1951, after the hearing of February 21, 1951, the
petitioner was classified I-A once more. SSS Form No. 110 was
mailed to him on March 9, 1951. By a letter of March 15, 1951,
the Republic Molding Corporation requested a personal appearance
before the board. By letter of March 16, 1951, the board advised
the corporation that it had several appearances before the board,
that it was the board's opinion that another appearance was
unnecessary, that the petitioner would be included in the next
"Preinduction physical," and that if the petitioner were found
acceptable the corporation could appeal the case. On March 19,
1951, the board mailed to the petitioner SSS Form No. 223,
whereby it ordered him to report for the Armed Forces physical
examination on April 11, 1951. On March 22, 1951, a further
hearing was granted before the board at which the registrant and
his father appeared. There appears this notation in the file,
dated March 22, 1951, and initialed by the members of the board:
"Father appeared with son. Hearing granted. The
opinion of the Board is that this is a family holding
company carried on in order to keep boy from Service.
The Board has given this great consideration and
feels this boy is not essential."
On April 3, 1951, the petitioner appealed from his I-A
classification, urging his essentiality in a war industry and his
prior service in the Merchant Marine as grounds for the appeal.
On April 20, 1951, Local Board No. 98 mailed the petitioner Form
No. D D 62, whereby he was notified that he was found acceptable
for service in the Armed Forces. On June 6, 1951, he was
classified II-A until December 6, 1951, by the appeal board.
By a letter, dated December 3, 1951, and signed by Carroll J.
Lord, the Republic Molding Corporation requested Local Board No.
98 to continue the petitioner in the deferred classification of
II-A. The essentiality of the petitioner, the difficulty of his
replacement, and his previous Merchant Marine service were
repeated. It was also pointed out that the defense work had
increased very substantially during the previous months.
On January 17, 1952, the petitioner was re-classified by his
local board from II-A to I-A. Notice of this reclassification was
duly mailed on January 18, 1952. On January 23, 1952, the
petitioner requested a personal appearance before the board. On
January 25, 1952, the petitioner supplemented his letter of
January 23, 1952, to the local board, stating:
"This letter constitutes a written notice of appeal
by me from a change of my classification from II-A to
I-A, according to the notice from you dated January
18, 1952. At the hearing I shall submit additional
evidence bearing on my right to deferment."
The requested hearing was granted for February 14, 1952. On
February 1, 1952,
the petitioner was mailed SSS Form No. 223, whereby he was
ordered to report for an Armed Forces physical examination on
February 26, 1952.
By a letter, dated February 8, 1952, and signed by Carroll J.
Lord and J.W. Crawford, the Republic Molding Corporation
requested a deferment for the petitioner. The fact that this
industry was engaged in critical defense work, the petitioner's
training and essentiality to the corporation without whom it
could not continue to operate, and the difficulty of his
replacement were stressed in this letter.
On February 14, 1952, a hearing was granted the petitioner
before the local board and he was continued in a I-A
classification. The following memorandum appears in the
petitioner's selective service file:
"I feel that the registrant in question, Bertram W.
Coltman, Jr., is actually the managing director of
the Republic Molding Corporation and as such is
indispensable to this particular business.
"This business does about one and one half million
dollars per year of which 50% is war work on
contracts as submitted.
"I do not believe this man is making any effort to
replace himself but, nevertheless, I feel he is
entitled to a II-A deferment.
"s/ F.N. Remien."