Peter D. Sertic v. Honorable Melvin Laird

This is an appeal from a denial of Sertic’s petition for a writ of habeas corpus to review the Air Force’s determination that Sertie did not qualify for discharge as a conscientious objector because his beliefs were based solely on a personal moral code. The District Court concluded that there was a basis in fact for the Air Force’s determination.

Nothing in the record before the District Court supplied a basis in fact for the Air Force’s denial of Sertic’s claim. Both the Air Force and the District Court concluded that Sertie was sincere in the beliefs which he entertained. Those beliefs fell directly within the test of Unit ed States v. Seeger (1965) 380 U.S. 163 , 85 S.Ct. 850 , 13 L.Ed.2d 733 , accordingly, reversal is compelled. (E. g., United States v. Haughton (9th Cir. 1969) 413 F.2d 736 ; United States ex rel. Brooks v. Clifford (4th Cir. 1969) 409 F.2d 700 ; Bates v. Commander, First Coast Guard District (1st Cir. 1969) 413 F.2d 475 ; Fleming v. United States (10th Cir. 1965) 344 F.2d 912 .)

The order is reversed, and the District Court is directed to grant the Petition for Writ of Habeas Corpus.

The Clerk is directed to issue the mandate forthwith.

. Sertic’s…