Young

Russell Louis LaRose has petitioned this Court for a writ of habeas corpus, contending that he is being unlawfully restrained by the Commanding General of the Sixth Army. Respondent moves to dismiss.

In 1950 petitioner registered for the draft, and was eventually classified 1-A-O, as a conscientious objector available for noncombatant military service only. In 1953 he was ordered to report for induction, and was inducted into the Army as a conscientious objector available for noncombatant military service only.

Petitioner alleges that his first assignment in the Army was for training in the field artillery, and that such an assignment was an improper one for an inductee whose draft classification was 1-A-O. Petitioner further alleges that after protesting his assignment, he was given another assignment, but that the new assignment required him to perform acts inconsistent with his noncombatant status, and that therefore he left the Army on his own initiative and returned to his home, where he remained until January 14, 1954, when he was *517 taken into custody and charged with desertion.

Petitioner’s main contention is that his induction into the Army was rendered void by the…