Gregory M. Kemp v. Major General Bradley, Commanding Officer, and Stanley R. Resor, Secretary of the Army

BRIGHT, Circuit Judge.

Appellant, Gregory M. Kemp, a private in the United States Army, petitioned the district court for a writ of habeas corpus after the Army denied his request for discharge as a conscientious objector pursuant to AR 635-20. Upon finding a basis-in-fact for the Army’s refusal to discharge appellant, the district court denied habeas corpus relief. Kemp appealed. We reverse and remand the case with directions.

Appellant was inducted into the United States Army on August 28, 1970. He was transferred to Fort Leonard Wood, Missouri, on November 15, 1971, for advanced individual…