Samuel E. Perler-Tomboly, M.D., Captain, U.S. Air Force v. Secretary of the Air Force, and Commander Davis-Monthan Air Force Base, Arizona

15 F.3d 1088 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Samuel E. PERLER-TOMBOLY, M.D., Captain, U.S. Air Force, Petitioner-Appellant, v. SECRETARY OF THE AIR FORCE, and Commander Davis-Monthan Air Force Base, Arizona, Respondents-Appellees. No. 92-16338. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1993. Decided Nov. 24, 1993. Before: ALARCON, LEAVY and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 United States Air Force Captain Samuel E. Perler-Tomboly, M.D., sought a discharge as a conscientious objector (CO). The Secretary of the Air Force twice denied Captain Perler-Tomboly's application for CO status on the basis that the facts impeached his sincerity. Captain Perler-Tomboly thereafter petitioned the district court for a writ of habeas corpus, which the district court denied. On appeal, Captain Perler-Tomboly contends that he established a prima facie case for CO status and the district court erred in denying his petition because…