United States of America Ex Rel. Jeffrey Foster v. James R. Schlesinger, Secretary of Defense

LUMBARD, Circuit Judge:

Jeffrey Foster, a psychiatrist who holds the rank of Lieutenant in the United States Naval Reserve, appeals from an order of the District Court for the Southern District, Kevin T. Duffy, J., denying his petition for a writ of habeas corpus and for an honorable discharge, as a conscientious objector, from the United States Naval Reserve. We reverse.

I. Background.

In February 1966, while completing his premedical studies at Columbia University, Foster enrolled in the Navy’s “Ensign 1915” Program for medical students, pursuant to which he received a military deferment…