Application of Dennis A. Tavlos, for a Writ of Habeas Corpus

With full deference to the views expressed by my brothers of the majority, I am compelled to dissent. In my view the majority has erred in concluding that there was no basis in fact for the Army’s action as found by the district court. If there was a basis in fact for the denial of the Lieutenant’s application for discharge, the judgment of the district court must be affirmed. Pitcher v. Laird, 421 F.2d 1272 (5th Cir. 1970). It should also be remembered that he has no constitutional right to exemption from military service. United States v. Crouch, 415 F.2d 425 (5th Cir. 1969).

In addition to…