Zemke v. Larsen

MERRILL, Circuit Judge:

Appellant, seeking discharge from the United States Army as a conscientious objector, appeals from a district court order denying him habeas corpus relief.

Following the filing of his application for discharge, appellant received favorable recommendations from a chaplain who interviewed him and from the hearing officer assigned to his case. But his *1282commanding officer, on the record, recommended disapproval on the ground that appellant’s objection to military service appeared to be “based on a personal moral code rather than sincere religious beliefs.” Appellant’s file…