Richard A. Miller v. The Honorable John A. Chafee, Secretary of the Navy, and J. D. Stevens, Cdr., Commander Escort Squadron One

Miller enlisted in the United States Navy in 1961, at the age of 17. He served as a submariner until 1966, when he was sent to college at the Navy’s expense. After receiving an extensive education, Miller attended Officers Candidate School and, in May, 1970, was commissioned as an Ensign. Several months later, in November, 1970, he applied for a discharge as a conscientious objector. His efforts were fruitless. Although lower-echelon naval authorities recommended that Miller be released, his application was ultimately denied by the Bureau of Naval Personnel. Miller then filed a petition for a writ of habeas eor- pus in the District Court. That court, 324 F.Supp. 1344 , disposed of the petition in a rather bizarre fashion. Relief was to be granted, but only upon the condition that Miller should arrange, satisfactorily to the Navy, to make payments reimbursing the Government for the college education he had received at the Navy’s expense while enlisted. Contending that the imposition of such a condition was legally insupportable, Miller appeals.

Before we reach the principal question, we confront the question of whether the District Court had jurisdiction to consider the petition.…