Roby

Twenty-one years ago in Sanger v. Seamans, 507 F.2d 814 (9th Cir.1974), we remarked on the conflicting interests at stake when a person serving in the armed forces decides that he is conscientiously opposed to war:

Id. at 816-17 .

With these considerations in mind, we must determine whether the Navy had a basis in fact for denying Petty Officer Scott J. Roby’s application for conscientious objector status. In doing so we must also decide whether “depth of conviction” should be an independent element of the test for conscientious objectors in this circuit. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. Background

After graduation from high school, Roby joined the Naval Reserve. The following year he enlisted in the regular component of the Navy for a four-year period, which he later extended by two years to train in the Navy’s Nuclear Power School and Prototype Unit. He is a Machinist Mate Second Class, a petty officer. He has consistently performed well and has received high marks on his periodic evaluations. His military obligation is scheduled to end in July 1997.

In 1993, Roby requested assignment to the aircraft carrier U.S.S. Abraham Lincoln. In…