Gene Cubbison, Usn v. Hon. Melvin Laird, Secretary of Defense

In our judgment this case on its facts is not distinguishable from Tressan v. Laird, 454 F.2d 761 (9th Cir. 1972); Miller v. Chafee, 462 F.2d 335 (9th Cir. 1972); and Strait v. Laird, 464 F.2d 205 (9th Cir. 1972), and, as in these cases, the record here provides no basis in fact for the determination of the Chief of Naval Personnel that appellant was not sincere in his avowed beliefs.

We conclude that appellant is entitled to his discharge and to the writ in aid thereof.

Reversed.