United States of America Ex Rel. Neil Bruce Checkman v. Hon. Melvin Laird, Secretary of Defense
Court of Appeals for the Second Circuit
1Opinion of the Court
LEVENTHAL, Circuit Judge:
On May 6, 1971, appellant Checkman applied for discharge as a conscientious objector from the Reserve Officer’s Training Corps (ROTC) at the First United States Army Instructor’s Group, Polytechnic Institute in Brooklyn. By a divided vote, the Army’s Conscientious Objector Review Board (CORB) denied his application in a memorandum of January 13, 1972. Appellant filed a petition for Habeas Corpus relief. The District Court dismissed his petition, and he appeals. We think dismissal of the petition, on the record as it now stands, was erroneous and we remand for further…
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