Peter H. Green v. Secretary of the Navy and the Commanding General, Marine Corps Base, Camp Pendleton, Camp Pendleton, California

Disposition of this case has been deferred awaiting final disposition of a court-martial conviction.

Green, who was not at the time a conscientious objector, enlisted in the United States Marine Corps for active duty. After about five months of service, he claims that he had become a conscientious objector and could not accept combat training, although he was willing to do non-combatant activities. Marine Corps Order No. 1306.16 provides for the assigning of conscientious objectors to non-combatant activities after interview by their commanding officer. Green requested such an interview which was granted. The interviewing officer reported unfavorably to Green; and upon a review within the military regulations, Green’s claim was denied. He then filed a petition in the United States District Court for a writ of habeas corpus, or in the alternative for relief which would require his assignment to non-combatant activities. An Order to Show Cause was issued, and service was made on the commanding general of Camp Pendleton. After a hearing the Order to Show Cause was vacated, and the writ was denied. The present appeal is from this denial.

While this appeal was pending, Green was…