Pifer

ORDER DENYING ALL RELIEF AND DISMISSING THE ACTION AND TEMPORARY RESTRAINING ORDER

This case involves a serviceman’s claim to a conscientious objector discharge from the army. Petitioner has been denied the right to file his C.O. application at the Oakland Army Base. He seeks a declaratory judgment and order in the nature of a writ of mandamus.

At issue is a change in an army regulation that denies servicemen the right to file applications for conscientious objector discharges while stationed at temporary duty stations such as the Oakland Overseas Replacement Center. The requested relief is a finding that this regulation a) does not exist, b) was improperly promulgated, c) violates United States Statutes, and d) is unconstitutional either on its face or as applied to the petitioner. Additionally, the petitioner requests that the Court issue a mandate to the proper authorities at the Oakland Overseas Replacement Center directing them to accept and process petitioner’s application for a conscientious objector discharge.

This matter is presently before the Court on the petitioner’s motion for a preliminary injunction to enjoin the defendants from removing the plaintiff from the…