Hanna v. Secretary of the Army

513 F.3d 4, 2008 WL 82233
CourtCourt of Appeals for the First Circuit
DecidedJanuary 8, 2008
Docket07-1090
StatusPublished
Cited by10 cases

This text of 513 F.3d 4 (Hanna v. Secretary of the Army) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hanna v. Secretary of the Army, 513 F.3d 4, 2008 WL 82233 (1st Cir. 2008).

Opinions

SCHWARZER, District Judge.

Captain Mary Hanna sought discharge from the Army as a conscientious objector. [6]*6The Department of the Army Conscientious Objector Review Board (“DACORB”) denied Hanna’s application. Hanna then petitioned the district court for a writ of habeas corpus which the court granted, holding that there was no basis in fact for the DACORB’s decision. Hanna v. Sec’y of the U.S. Army, 2006 WL 2925268 (D.Mass. Oct.6, 2006). The Army appealed. We hold that the DACORB’s decision was without a basis in fact, and we therefore affirm.

FACTUAL AND PROCEDURAL HISTORY

Mary Hanna joined the Army in 1997 as a member of the Army Health Professions Scholarship Program (“HPSP”) and thereafter attended medical school. In exchange for financial assistance with medical school, Hanna promised to serve on active duty in the Army for four years and to remain in the Army Reserve for an additional four years. After Hanna finished medical school, the Army deferred her active duty obligation for four years while she completed a residency in anesthesiology. On October 20, 2005, the Army sent Hanna a letter directing her to report for active duty in August 2006. Hanna was later scheduled to report to William Beaumont Army Medical Center in El Paso, Texas.

On December 23, 2005, Hanna filed an application for discharge as a conscientious objector (“CO”). In her application, Hanna declared that she sought discharge because, as a Christian, she believed in the inherent sanctity of human life and that it “would be committing a crime against God” to take another human’s life. She further explained:

I ... believe that violence and killing are in direct contradiction to all of Jesus’ teachings. I am unable to put Christ’s words into practice while simultaneously participating, whether directly or indirectly, in war, violence, and killing. All of Jesus’ preaching reiterates love, peace, forgiveness and cautions against anger, hatred, and their end product, murder. Based on Christ’s example, I believe that I must take things one step further and constantly strive to eliminate conflict with others by seeking prompt reconciliation with adversaries. Love of God and love of fellow humans drives Christian life, and I have incorporated this principle into my own life.

Hanna declared that she would be “incapable of attaining these qualities” by participating in “war and killing” and would “betray these moral and religious principles by participating in war in any way.” She explained that her parents were “deeply involved” in the Coptic Orthodox Church (“COC”) and that her father had planned to become a monk and her mother a nun until they met each other and chose to marry. As a child, Hanna attended church weekly in Los An-geles, where she grew up. Her parents taught her to believe in “love for God first, love for all other humans as a direct reflection of our love for God, respect for elders, respect for the traditions of our Church, honesty, sincerity of heart, and constant striving for goodness.” Hanna became a Coptic hymn teacher in high school and later served as a Sunday school teacher while she attended UCLA. She also participated in the Coptic Club at UCLA.

In 1997, in her senior year of college, Hanna applied and was accepted for medical school at Tufts University. In her CO application, Hanna described her last year of college as a time that “greatly tested” her faith and her “proximity to the Church.” At the time she applied for the HPSP, Hanna was experiencing a period of “change and uncertainty” during which she “questioned everything.” She “turned [7]*7to atheism for several months, followed by agnosticism for several more months.” During this time, she had “no particular convictions one way or the other regarding war.”

Hanna’s father died in 2003, and during the mourning period that followed his death, Hanna’s faith was “rekindled” and she found herself “again drawn to God.” She explained that “I had lived both without God and with him, and I liked myself immensely more when striving to emulate his nature, his mercy, his love, his generosity, his forgiveness.” Hanna further explained that it “took some time” for her to “make the connection between this newly rekindled faith and its incompatibility with certain aspects” of her life. For example, she became increasingly concerned about her participation in elective abortions as an anesthesiology resident because she felt she was “participating in an act in direct contradiction to the Bible’s teachings.” She asked her floor manager if she could abstain from abortion procedures and her request was granted.

During the summer of 2005, Hanna watched several war documentaries and “growingly began to view all war from a Christian perspective: complete separation from God.” She explained that she “started to gradually understand the spectrum Christ described which connects anger to hatred to violence to murder (war on a larger scale).” After watching the documentaries, she “finally understood how Christ equated them all as the same sin, with anger being the stem.” Her new understanding motivated her to participate in a war protest in September 2005, where she realized that she “was no longer able to play a role in propagating violence.” In early October 2005, Hanna watched a television program during which a man discussed the “destructive role” of war and violence, citing the Beatitudes. She then realized that “to live the rest of my life with integrity, in harmony with God’s nature of love and compassion, I could not participate in military service.” Reflecting on her choice to join the Army, Hanna commented, “I realized then the full implications of the path I had chosen years earlier and the incompatibility of war and violence with Christ’s teachings.”

Hanna submitted six letters in support of her CO application, four from Coptic Orthodox priests who knew her personally, and two from supervisors in her residency program. One of the priests, who had known Hanna since infancy, stated that he had spoken with Hanna recently about her belief that war is “the direct opposite of Christ’s call to peace and love.” The priest wrote:

I have read her application for conscientious objector status, and it is consistent with her character, ethics, and approach to Christianity. I know Mary well, and she is both honest and sincere in her application. I strongly urge you to approve her application in order to allow her to live a life that does not contradict her beliefs.

A second priest, who had known Hanna for more than 15 years, wrote that Hanna was “both honest and sincere in her application,” that he knew Hanna well, and that she was “trying to live a life consistent with her beliefs.” He urged the Army to approve her application. A third priest, who had known Hanna for 12 years, described her as “one of the most dedicated conscientious and compassionate young ladies in our church.” He described her as “trustworthy, honest and sincere.” A fourth priest wrote that Hanna had been a member of St. Mark Coptic Orthodox Church in Natick, Massachusetts since 1997. Hanna attended church there regularly during medical school and as often as her call schedule allowed during her resi[8]*8dency. Hanna’s supervisors wrote that her CO application was “a sincere representation of who she is, and what she believes,” described Hanna as “a gentle soul” and “‘the mother to all our sickest patients’ ” and urged the Army to approve her application.

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Hanna v. Secretary of the Army
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513 F.3d 4, 2008 WL 82233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanna-v-secretary-of-the-army-ca1-2008.