Dellaverson

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER

The above-entitled matter came on for hearing on an Order to Show Cause why a Writ of Habeas Corpus should not issue, releasing petitioner from the custody of the United States Marine Corps at Camp Pendleton, California, where he is now stationed awaiting court-martial proceedings on a charge of unauthorized absence. Article 86, Uniform Code of Military Justice ( 10 U.S.C. § 886 ).

The Court, having considered the testimony adduced at the hearing, as well as the pleadings and briefs of the parties, and being fully advised in the premises, makes the following findings of fact and conclusions of law:

I

FINDINGS OF FACT

1. On September 30, 1965, the petitioner voluntarily enlisted in the United States Marine Corps Reserve for a period of six. years. Petitioner’s obligations as a Reservist were set forth in a document entitled, “United States Marine Corps Enlistment Contract and Record” which was signed by the petitioner at the time of his enlistment. Paragraph 40 of that contract stated as follows:

At the time of his enlistment petitioner also signed a “Statement of Understanding of Military Obligations.” Paragraph C of that…