United States ex rel. Coates v. Laird

DONALD RUSSELL, Circuit Judge:

The petitioner-appellee Coates is a Marine reservist, who, denied discharge administratively as a conscientious objector,1 filed this habeas proceeding to secure judicial review of that administrative denial.2 In response to motion to dismiss, the District Court found the administrative denial defective and ordered forthwith Coates’ discharge from the service. The Government has appealed. We reverse.

*711The denial of Coates’ application by the Corps did not set forth the reasons on which it was based. Such omission cannot be excused on the claim that Coates failed to…