United States ex rel. Donham v. Resor

J. JOSEPH SMITH, Circuit Judge:

Petitioner, a cadet at West Point, sought separation from the Academy at the end of his third year because he had become a conscientious objector. A cadet may not withdraw from the Academy after his second year without incurring an immediate military duty requirement unless excused by separation as a conscientious objector. The Army rejected his conscientious objector claims on the grounds that his beliefs lacked the necessary depth of sincerity. Petitioner brought an action in the United States District Court for the Southern District of New York for a writ of…