PAUL L. CLEMENT, PETITIONER-APPELLANT,
v.
MELVIN LAIRD, SECRETARY OF DEFENSE, ET AL., RESPONDENTS-APPELLEES
PAUL L. CLEMENT, PETITIONER-APPELLANT,
MELVIN LAIRD, SECRETARY OF DEFENSE, ET AL., RESPONDENTS-APPELLEES
447 F.2d 1404
United States Court of Appeals for the Ninth Circuit (1971)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM:
Clement appeals from the denial of his petition for a writ of habeas corpus in which he sought discharge from the Armed Forces as a conscientious objector. He has exhausted his administrative remedies. His beliefs, as stated by him, are such as to present a prima facie case for discharge within the rule of Welsh v. United States, 1970, 398 U.S. 333, 90 S.Ct. 1792, 26 L.Ed.2d 308. There is no claim that he is not sincere. We can find no basis in fact for the denial of discharge.
The order is reversed and the ease is remanded to the District Court with directions to issue the writ, unless within 30 days, the Army grants Clement a discharge as a conscientious objector. The mandate shall issue forthwith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shan Sayles and Alix Cooperman v. Graham, 449 F.2d 783 (9th Cir. 1971)
Authorities Cited
- Welsh v. United States, 398 U.S. 333 (U.S. 1970)