Dr. Audrey S. Koh v. Secretary of the Air Force

SWYGERT, Senior Circuit Judge:

The Secretary of the Air Force (“Secretary”) appeals from the district court’s judgment, 559 F.Supp. 852, that the Secretary lacked a “basis in fact” to deny Dr. Audrey S. Koh’s application for conscientious objector status. In Taylor v. Claytor, 601 F.2d 1102 (9th Cir.1979), we discussed the standard of judicial review of the military’s denial of conscientious objector status:

Once the applicant has asserted a prima facie claim for conscientious objector status, the burden of proof shifts to the government to demonstrate “a basis in fact” for denial of his…