Crane

MEMORANDUM OPINION AND ORDER

David W. Crane, an apprentice seaman in the United States Navy stationed at Treasure Island, California, petitions for habeas corpus under 28 U.S.C. § 2241 (c) (1964) to test the legality of his detention in the Navy.

On May 11,1966, petitioner voluntarily enlisted for six years, two of which were to be served on active duty. He reported for such duty on December 27, 1966, and was ordered to Newport, Rhode Island, to attend signalman school, which he did. On January 26, 1967, pursuant to Department of Defense Directive [hereinafter referred to as D.O.D.] No. 1300.6 and the Bureau of Naval Personnel Manual [hereinafter referred to as BUPERSMAN] Article C-5210, he applied in handwriting for discharge on the grounds of conscientious objection.

On February 13, 1967, pursuant to the provisions of BUPERSMAN C-5210 (2) (4) (d), the Chief of Naval Personnel forwarded Crane’s application to the Director of Selective Service for an advisory opinion. On March 3, 1967, General Hershey replied that “based on the information in this file, it is my opinion that David Warren Crane would not be classified as a conscientious objector if he were being considered for…