Milton v. Commanding General

ORDER GRANTING WRIT OF HABEAS CORPUS

WOLLENBERG, District Judge.

Roy Milton enlisted in the California National Guard in 1965. He subsequently became a Jehovah’s Witness and became convinced that military service was incompatible with his beliefs. He has since made three attempts to be released from service, but has yet to be accorded a decision on the merits of his claim.

His first application for discharge was made through his National Guard unit commander, who recommended that he seek a ministerial exemption under AR 135-91. The application was denied in late 1968, with no reason given, and…