Stauffer

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS.

Petitioner was inducted into the Army on August 4, 1970, and sent to Fort Ord, California, for basic combat training. On September 15, 1970, petitioner applied for conscientious objector status within the military, and, on February 19, 1971, the Army approved his request for classification as a non-combatant. In the interim, however, petitioner’s beliefs changed. On February 15, 1971, which the parties to this litigation concede was prior to notification of the favorable action taken on his application for non-combatant status, petitioner prepared for filing an application for discharge from the military as a conscientious objector.

Pursuant to Army regulations, petitioner was interviewed on March 3, 1971 by a chaplain who found him insincere and recommended disapproval. Petitioner’s company commander found him sincere, however, and on April 19, 1971, recommended approval. Petitioner’s final interview occurred on May 10, 1971 when he appeared before an 0-3 hearing officer. This officer did not believe petitioner was sincere and recommended disapproval. Relying heavily on the hearing officer’s evaluation, the Conscientious…