Lieutenant Richard C. Taylor v. The Honorable W. Graham Claytor, Jr. Secretary of the Navy, Radm. W. Hayley

Appellant Richard C. Taylor, a Naval reservist, brought this habeas corpus action in an effort to secure his release from the Navy on the ground that he is a conscien tious objector. The United States District Court for the Central District of California held that there was a “basis in fact” for the Navy’s refusal to grant appellant’s request for conscientious objector status and dismissed his petition for a writ of habeas corpus. We affirm.

MOOTNESS

After almost two years of Naval service, appellant was released from active duty on February 10, 1979. He remains a member of the Naval Reserve and is subject to being recalled to active duty. Both sides agree that this potential for recall “represents a sufficient ‘adverse collateral consequence’ as to obviate mootness and require a consideration of the merits.” Bratcher v. McNamara, 448 F.2d 222, 224 (9th Cir. 1971) (citations omitted).

MERITS

To qualify as a conscientious objector, the applicant must establish that he is opposed to war in any form, Gillette v. United States, 401 U.S. 437 , 91 S.Ct. 828 , 28 L.Ed.2d 168 (1971), that his opposition is based upon religious training and belief, Welsh v. United States, 398 U.S. 333…