Cole v. Spear

HARRISON L. WINTER, Chief Judge:

The Navy appeals from an order of the district court granting Leslie A. Cole, an enlisted active member of the Navy, a discharge as a conscientious objector (C.O.). It was the view of the district court that Cole was eligible for a C.O. discharge and that the Navy effectively had denied it without any basis in fact. The Navy then placed Cole on appellate leave and obtained from us a stay of her discharge pending appeal.

We now reverse the order of the district court.

I

This is a case of a young woman who voluntarily enlisted in the Navy and who, after seventeen…