Numerous cases have settled the standard to be applied in passing on the motions presently before the court: if there is a basis in fact for the finding made by the Marine Corps then this court must allow that finding to stand. Estep v. United States, 327 U.S. 114, 66 S.Ct. 423, 90 L.Ed. 567 (1946); Cox v. United States, 332 U.S. 442, 68 S.Ct. 115, 92 L.Ed. 59 (1947); United States v. Abbott, 425 F.2d 910 (8th Cir. 1970). And it is also clear that a finding of insincerity on the part of the applicant may be a proper basis in fact for a denial of conscientious objector status.

Cf. Witmer v. United States, 348 U.S. 375, 381-382, 75 S.Ct. 392, 99 L.Ed. 428 (1955); United States v. Abbott, 425 F.2d 910, 914-916 (8th Cir. 1970); Capobianco v. Laird, 424 F.2d 1304, 1306 (2d Cir. 1970). The standard by which we must be guided on this appeal is whether there exists within the four corners of the record affirmative objective evidence constituting a "basis in fact" for the Review Board to conclude as it did that Rosengart's "purported conscientious objective [sic] beliefs are not truly held."

" United States v. Abbott, 425 F.2d 910, 913-914 (8th Cir. 1970). Since there are no such findings here, we can only sustain the denial of Rutherford's conscientious objector claim if we find some basis in fact for the conclusion of insincerity in the objective evidence in his Selective Service file. United States ex rel. Hemes v. McNulty, 432 F.2d 1182 (7th Cir. 1970).

It contends, however, that the reason given by the local board in the document dated September 23, 1969, that Ziobro's "demeanor did not evidence sincerity in his claim" is sufficient to give a basis in fact for denying the C.O. claim. The Eighth Circuit has stated in United States v. Abbott, 425 F.2d 910, 913-14 (8th Cir. 1970): ". . . A local board may find that an applicant lacks sincerity in his beliefs because his demeanor demonstrates a shiftiness or evasive attitude which would substantiate unreliability.

" Upon examination of the defendant's Selective Service file we fail to find any basis in fact to sustain a classification of I-A. Lack of sincerity serves to reject a conscientious objector claim only where there is some meaningful disclosure within the four corners of the applicant's Selective Service file. United States v. Abbott, 425 F.2d 910, 913 (8 Cir. 1970). Cf. Clay v. United States, 403 U.S. 698, 91 S.Ct. 2068, 29 L.Ed.2d 810 (1971).

We have further held that "mere ipse dixit disbelief [of the sincerity of the applicant] is not sufficient support for such a determination without affirmative evidence to measure contradiction." United States v. Abbott, 425 F.2d 910, 913 n. 4 (8th Cir. 1970). Thus, it is necessary that some affirmative evidence indicating insincerity or bad faith be shown to rebut Iverson's claim to conscientious objector status.

There is an even more fundamental reason, however, why we think Henderson is inapplicable. As pointed out by the Second Circuit in United States v. Bornemann, 2 Cir. 1970, 424 F.2d 1343, and reiterated by the Eighth Circuit in United States v. Abbott, 8 Cir. 1970, 425 F.2d 910, 915, Henderson and cases like it all involved situations where "there was a substantial period of time during which the presentation of conscientious objector claims `might [have resulted] in the registrant being placed in a different classification.'" United States v. Bornemann, supra, 424 F.2d at 1348.

In such cases they are not superboards. Witmer v. United States, supra; Clay v. United States, 397 F.2d 901, 916 (5th Cir. 1968). Although the scope of our review is limited to finding a basis in fact, it has been established beyond doubt that the validity of an administrative classification presents a question of law to the reviewing court. Cox v. United States, 332 U.S. 442, 448-449, 452-453, 68 S.Ct. 115, 92 L.Ed. 59 (1947); accord, United States v. Sears, 425 F.2d 231, 232 (5th Cir. 1970); United States v. Abbott, 425 F.2d 910, 914 (8th Cir. 1970); United States v. James, 417 F.2d 826, 830 n. 6 (4th Cir. 1969); Kidd v. United States, 386 F.2d 422, 423 (10th Cir. 1968); United States v. Petiach, 357 F.2d 171 (7th Cir. 1966). In making its review this Court may make an independent search of the administrative record for a basis in fact to support the Board's decision regardless of the findings of the District Court.

Tardiness standing alone, however, carries slight weight in light of the subjectivity of the beliefs involved and the fact that aging, as well as external circumstances, may serve to crystallize sincere beliefs in a young man's mind long after his initial registration. See generally, United States v. Nordlof (7th Cir. 1971); cf. United States v. Abbott, 425 F.2d 910 (8th Cir. 1970). Joyce's Selective Service file discloses that his religious beliefs and conscientious objection to war matured approximately a year before he presented them to the Local Board in his request for a deferment.

United States v. Broyles, 423 F.2d 1299 (4th Cir. 1970) (en banc); Capobianco v. Laird, 424 F.2d 1304 (2d Cir. 1970). See also Paszel v. Laird, 426 F.2d 1169 (2d Cir. 1970); United States v. Abbott, 425 F.2d 910 (8th Cir. 1970); United States v. Haughton, 413 F.2d 736 (9th Cir. 1969); United States ex rel. Morton v. McBee, 310 F. Supp. 328 (N.D.Ill. 1970). He urged us to adopt the rule, recently announced by the Fourth Circuit in United States v. Broyles, supra, that: