Title 32, Code of Federal Regulations (Cumulative Supplement, ยง 601.1(c) provided: "The term `citizen or subject of a neutral country' is used to designate an alien who is a citizen or subject of a country which is neither a cobelligerent country nor an enemy country" * * *. This was a fair and reasonable regulation, consistent with the Selective Service Act. U.S. v. Obermeir, 2 Cir., 186 F.2d 243, 247; In re Molo, D.C., 107 F. Supp. 137. Local Board Release No. 112, Respondent's Ex. A, below.
Evidence thereof, he contends, can be gleaned from a memorandum placed in his selective service file which in part reads as follows: "* * * This registrant on finding out that we are not calling registrants over thirty-eight, he filed notice that he wants his citizenship papers returned to him. * * * To give him back his first papers and destroy Form 301 would be similar to giving the rights of citizenship to these other men who have filed Form 301 after the obligation of military service has expired." Even assuming, arguendo, prejudice on the part of the draft board against petitioner generated by his having filed the Form 301, it would have no bearing upon the disability which, under the clear mandate of the Act, flowed from filing Form 301. Barreiro v. McGrath, D.C.N.D.Cal.S.D. 1952, 108 F. Supp. 685, modified Barreiro v. Brownell, 9 Cir., 1954, 215 F.2d 585, certiorari denied 1954, 348 U.S. 887, 75 S.Ct. 207, 99 L. Ed. 697; In re Molo, D.C.S.D.N.Y. 1952, 107 F. Supp. 137; Petition of Fatoullah, D.C.E.D.N.Y. 1948, 76 F. Supp. 499; In re Martinez, D.C.Pa. 1947, 73 F. Supp. 101. Congress nowhere provided for the withdrawal of a Form 301 once filed, nor that the bar to citizenship incurred by such filing would be removed by subsequent eligibility for service, created, for instance, by entrance of the alien's formerly neutral country into the war. More than a year after petitioner filed his claim for exemption Local Board Memorandum No. 112 was amended to permit a person situated as was petitioner to remove some of the stigma, but not the disability, by volunteering for induction.