Gene Cubbison, Usn v. Hon. Melvin Laird, Secretary of Defense
This text of 464 F.2d 1393 (Gene Cubbison, Usn v. Hon. Melvin Laird, Secretary of Defense) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In our judgment this case on its facts is not distinguishable from Tressan v. Laird, 454 F.2d 761 (9th Cir. 1972); Miller v. Chafee, 462 F.2d 335 (9th Cir. 1972); and Strait v. Laird, 464 F.2d 205 (9th Cir. 1972), and, as in these cases, the record here provides no basis in fact for the determination of the Chief of Naval Personnel that appellant was not sincere in his avowed beliefs.
We conclude that appellant is entitled to his discharge and to the writ in aid thereof.
Reversed.
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