James J. Howe, Jr.-Petitioner v. Melvin R. Laird, Secretary of Defense-Respondents
Opinion
The district court concluded that there was no basis in fact for the denial by the Army of conscientious objector status to appellee. We agree. Helwick v. Laird, 5 Cir., 1971, 438 F.2d 959; Kessler v. United States, 5 Cir., 1969, 406 F.2d 151.
The finding of the district court that appellee’s statement in support of his application for discharge, if sincere, made out a prima facie ease, is not disputed. The Army was of the view that appellee lacked the depth of conviction required to qualify for discharge as a conscientious objector. This result rested on the disbelief of appellee by the Army officials who interviewed him. We are unable to find any “. . . affirmative evidence to support the rejection . . .” nor is there anything in the record which “. . substantially blurs the picture painted by [appellee] and thus casts doubt on his sincerity . . . ” Kessler v. United States, supra, 406 F.2d at 156.
Affirmed.
Reference
- Full Case Name
- James J. HOWE, Jr., Appellee-Petitioner, v. Melvin R. LAIRD, Secretary of Defense, Et Al., Appellants-Respondents
- Cited By
- 1 case
- Status
- Published