Paul L. Clement v. Melvin Laird, Secretary of Defense
This text of 447 F.2d 1404 (Paul L. Clement v. 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
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. *1405 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.
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447 F.2d 1404, 1971 U.S. App. LEXIS 7932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-l-clement-v-melvin-laird-secretary-of-defense-ca9-1971.