Application of Dennis A. Tavlos, for a Writ of Habeas Corpus

GODBOLD, Circuit Judge:

This is an appeal from denial of a writ of habeas corpus by the District Court. The Army refused the application of petitioner, Dennis Tavlos, for separation as a conscientious objector. He applied to the District Court for the writ. It denied relief and Tavlos appealed. We reverse.

Tavlos was commissioned as a second lieutenant upon completion of his college R.O.T.C. program in January, 1968. In June, 1968 he began active duty at Ft. Bliss, Texas.

On February 26, 1969 Tavlos applied for separation from the Army on conscientious objector grounds, pursuant to Army…