Samuel C. Miller v. Hon. Melvin Laird

Miller’s second amended petition for writ of habeas corpus was denied by the district court and he appeals. We reverse and remand for further proceedings.

A Navy enlisted man since 1967, Miller had served in the western Pacific before determining in February 1970 that he considered himself a conscientious objector. While his claim for release from military service was being processed, Miller was advised, in May 1970, that he would be ordered to overseas service with his unit. He refused to board his ship and, in August 1970, filed his first petition for habeas corpus, naming as respondents the appellees Laird and Chafee and the commanding officer of the San Diego Naval Air Station. He sought, inter alia, discharge from the service, an injunction against the institution of court martial proceedings against him and his removal from the jurisdiction, and a declaratory judgment that his overseas orders in May were issued in violation of law and regulations.

Appellant amended his petition in October 1970 on the eve of threatened court martial proceedings, seeking essentially the same relief. He alleged that the Chief of Naval Personnel and others had by delay and paper-shuffling…