In the Matter of Lieutenant Commander Elliott R. Tressan, Mc, Usnr, 715355/2105 v. Hon. Melvin Laird, Secretary of Defense

Lieutenant Commander Tressan’s application for discharge from the service by reason of conscientious objection was denied by the Chief of Naval Personnel (“CNP”). Tressan filed a petition for a writ of habeas corpus. He appeals from an order of the district court denying his petition.

After Tressan had completed his medical internship in 1967, he accepted a commission as a Lieutenant in the Naval Reserve Medical Corps. He participated in the Armed Forces Physician’s Appointment and Residency Program and he completed a three-year residency in psychiatry. On July 19, 1970, he began a two-week course at the Field Medical Service School, Camp Pendleton, California, during which time he received training in weapons, weapon firing, and firing tactics. In November 1970, he was notified that he was to report for duty with a division assigned to Viet Nam. The division was withdrawn from Viet Nam shortly thereafter and stationed at Camp Pendleton. Tressan began preparing his conscientious objector application in November. He described in detail the history and development of his conscientious objections. He narrated his religious training, some of his family experiences, his increasing…