Private Donald Silverthorne, Jr. v. Melvin Laird, Secretary of Defense

RIVES, Circuit Judge:

On May 24, 1971, the Conscientious Objector Review Board of the United States Army (CORB) denied appellant Silverthorne’s application for discharge from the Army, sought pursuant to Army Regulation 635-20, as a 1-0 conscientious objector. Thereafter, Silverthorne sought habeas corpus relief in the United States District Court for the Western District of Texas. In his petition to that court, Silverthorne advanced two alternative theories upon which he claimed a right to be discharged. First, he argued that there was no basis in fact for denying his application. Second,…