Carl J. Christensen v. Reginald A. Franklin

The District Court ordered Appellee discharged from the United States Army on the ground that insufficient evidence had been presented to support the Army Review Board’s denial of Appellee’s ap plication for discharge as a conscientious objector.

Appellee submitted his application for discharge as a conscientious objector on January 9, 1970, approximately one and one-half months after he had received his Viet Nam orders and some seventeen days prior to his scheduled departure date. Although Appellee presented comprehensive evidentiary material to support his claim of religious objection to participation in the military, the Army Conscientious Objector Review Board concluded that Appellee’s application should be denied on the ground that Ap-pellee’s conscientious scruples were not sincerely held. The Review Board gave three reasons as the foundation for its finding of insincerity, (1) the lateness in filing the application; (2) the recommendation of the Appellee’s commanding officer that the application be denied; and (3) the recommendation of the 0-3 hearing officer that the application be denied.

Upon examination of these reasons, the District Court concluded, and we agree,…