Daniel Frey v. Lt. General Stanley R. Larsen, Commanding Officer, Sixth Army

TRASK, Circuit Judge:

This is an appeal from the district court’s denial of Frey’s petition for a writ of habeas corpus seeking discharge from the Army as a conscientious objector. This court has jurisdiction pursuant to 28 U.S.C. § 2253.

On June 16, 1969, Frey was inducted into the United States Army for two years of active duty. On December 23, 1969, subsequent to receiving his orders for Vietnam and just prior to his scheduled departure overseas, appellant filed with the Oakland Army Base an application for discharge from the Army, claiming that he was conscientiously opposed to war in any…