William Edwin Rastin, Usn v. Hon. Melvin Laird

The United States District Court for the Southern District of California, 320 F.Supp. 1047 , denied the application for habeas corpus of William Edwin Rastin, an enlisted man in the United States Navy. Rastin had filed a request for discharge as a conscientious objector stating his reasons therefor. Appropriate hearings and interviews were held and the necessary reports filed. They were uniform to the effect that Rastin’s beliefs were sincerely held and recommended discharge. The application and recommendations of the officers were then referred to the Chief of Naval Personnel (C.N.P.) who disapproved the application upon the basis that the brevity of the asserted beliefs of the applicant did not permit the reviewing board to conclude that the applicant’s affirmed conviction was deeply held. The applicant brings the matter here for review.

Jurisdiction of the district court is predicated upon 28 U.S.C. § 2241 . The petitioner is in “custody” within the meaning of the section when he is held contrary to a valid claim of conscientious objection. Johnson v. Laird, 435 F.2d 493, 496 (9th Cir. 1970). Jurisdiction here is pursuant to 28 U.S.C. § 2253 .

On appeal it is the function of…