Richard A. Miller v. The Honorable John A. Chafee, Secretary of the Navy, and J. D. Stevens, Cdr., Commander Escort Squadron One

ELY, Circuit Judge:

Miller enlisted in the United States Navy in 1961, at the age of 17. He served as a submariner until 1966, when he was sent to college at the Navy’s expense. After receiving an extensive education, Miller attended Officers Candidate School and, in May, 1970, was commissioned as an Ensign. Several months later, in November, 1970, he applied for a discharge as a conscientious objector. His efforts were fruitless. Although lower-echelon naval authorities recommended that Miller be released, his application was ultimately denied by the Bureau of Naval Personnel. Miller then…