Christopher Alvin Grubb v. Brig. General William H. Birdsong, Jr., Commanding General, Fort Campbell, Ky.

CELEBREZZE, Circuit Judge.

This is an appeal from the District Court’s denial of a petition for a writ of habeas corpus to obtain Appellant Grubb’s release from the allegedly unlawful custody of the United States Army. At the time the petition was brought in the District Court, Grubb was stationed at Fort Campbell, Kentucky, where Appellee Birdsong is the Commanding General. In his petition before the District Court, Grubb alleged that the Department of the Army has no basis in fact for denying his two applications for discharge as a conscientious objector. After reviewing the facts alleged in…