Lawrence James Minasian v. Capt. Paul R. Engle

This is an appeal by a Navy enlistee from an order denying his petition for a writ of habeas corpus.

THE QUESTION

The sole questions we decide are (1) whether the district court had jurisdiction to entertain the petition and (2) whether the appellant failed to pursue Navy procedures and to exhaust his administrative remedies within the Navy. There are numerous intriguing questions we do not reach.

THE FACTS

Appellant, a male citizen of the United States, voluntarily enlisted in the Navy on June 7, 1961. On January 8, 1964, by agreement, his enlistment was extended for four years in consideration of being deferred from active duty for three years.

On September 18, 1965, appellant submitted a request for discharge through naval channels, claiming to be a conscientious objector. On that date he was not on active duty.

In 1962, pursuant to the authority of 10 U.S.C. § 138 , the Secretary of Defense issued Department of Defense Directive [DOD] No. 1300.6. This directive was implemented by the Navy in Part C-5210, Bureau of Naval Personnel Manual [BuPERS],

The request for discharge was submitted pursuant to DOD 1300.6 and Bu- PERS Part C-5210, which provided for uniform…