Captain Roger G. Sanger v. Honorable Robert C. Seamans, Jr., Secretary of the Air Force

Before WALLACE and SNEED, Circuit Judges, and EAST, District Judge.

Captain Sanger applied for a discharge from the United States Air Force Reserve based upon his newly-found conscientious objection to war. The officers who interviewed Sanger concluded that he was sincere. All reviewing officers, none of whom interviewed Sanger, drew a contrary conclusion and the Secretary of the Air Force denied his application for discharge. Captain Sanger then petitioned for habeas corpus in the district court. He appeals from the denial of his petition.

The Secretary stated that his decision was based upon the recommendation of the Air Force Personnel Board. This recommendation, however, was not in Sanger’s file and was available neither to him nor to the district court in which he filed his petition for habeas corpus. The absence of this crucial document requires that we reverse and remand.

As the day approached when Sanger was to report for active duty, he ap plied for discharge as a conscientious objector. Pursuant to the appropriate Air Force regulations for processing such claims, Sanger was interviewed by three Air Force officers: a chaplain, a psychiatrist and an…