Scott H. Bortree v. Stanley R. Resor, Secretary of the Army

TAMM, Circuit Judge:

The sole issue presented in this case is whether there is any basis in fact for the Army’s disapproval of Private Scott H. Bortree’s application for discharge as a conscientious objector. 1 The Army concluded that Bortree was not opposed to participation in war in any form as required under Department of Defense Directive 1300.6, issued May 10, 1968, and Army Regulation No. 635-20, issued January 22, 1969, and the District Court upheld this determination in denying Bortree habeas corpus relief. For the reasons set forth below, we hold that there was no factual basis for…