Michael R. Turpin v. Stanley S. Resor, as Secretary of the Army of the United States

Plaintiffs, including intervenors, brought this class action against defendant Government officials and military officers, to have Army Regulation (AR) 635-20(6), as revised March 6, 1970, declared unconstitutional, and for injunctive relief. Revised AR 635-20(6) prevents Army personnel (with some exceptions not relevant here) from filing applications for discharge as conscientious objectors except at permanent duty stations. Because of this revised regulation plaintiffs were not permitted to file such applications at the Oakland, California Overseas Replacement Center, which was their temporary duty station while in process of being transferred to permanent duty stations in Vietnam. On motion of defendants, the action was dismissed. Some of the plaintiffs appeal.

Plaintiffs argue that the revision of AR 635-20(6) is unreasonable, arbitrary and capricious in that it bears no reasonable relation to the legislative policy of giving recognition to the conscientious objection of servicemen based upon experience after entry into military service. This revision, plaintiffs urge, impedes and discourages sincere conscientious objectors from gaining recognition of their beliefs and…