96 Cal. Daily Op. Serv. 1061, 96 Daily Journal D.A.R. 1771 Scott J. Roby v. United States Department of the Navy, Secretary Commanding Officer, U.S. Naval Nuclear Power Training Unit in Idaho Falls, Idaho

76 F.3d 1052 96 Cal. Daily Op. Serv. 1061 , 96 Daily Journal D.A.R. 1771 Scott J. ROBY, Petitioner-Appellant, v. UNITED STATES DEPARTMENT OF the NAVY, Secretary; Commanding Officer, U.S. Naval Nuclear Power Training Unit in Idaho Falls, Idaho, Respondents-Appellees. No. 95-35377. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 17, 1995. Decided Feb. 16, 1996. Jeffrey Wood, York, Pennsylvania, for petitioner-appellant. D. Marc Haws, Assistant United States Attorney, Boise, Idaho, for respondents-appellees. Appeal from the United States District Court for the District of Idaho, Harold L. Ryan, District Judge, Presiding. Before: WRIGHT, FERNANDEZ and KLEINFELD, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 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: 2 [W]e must bear in mind that when a person enters into a contractual commitment with the government to serve his country, it is anticipated that he will fulfill his promise. The government has properly recognized, however, that a sincere…