Gene Cubbison, Usn v. Hon. Melvin Laird, Secretary of Defense
464 F.2d 1393
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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Gene Cubbison, Usn v. Hon. Melvin Laird, Secretary of Defense, 464 F.2d 1393 (9th Cir. 1972).
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Related
In the Matter of Lieutenant Commander Elliott R. Tressan, Mc, Usnr, 715355/2105 v. Hon. Melvin Laird, Secretary of Defense
454 F.2d 761 (Ninth Circuit, 1972)
Richard A. Miller v. The Honorable John A. Chafee, Secretary of the Navy, and J. D. Stevens, Cdr., Commander Escort Squadron One
462 F.2d 335 (Ninth Circuit, 1972)
Lieutenant John A. Strait v. Melvin R. Laird, Secretary of Defense
464 F.2d 205 (Ninth Circuit, 1972)