William A. Peckat v. Captain James Lutz

SOBELOFF, Senior Circuit Judge:

The Government brings this appeal from the District Court’s order granting habeas corpus to William A. Peckat, an enlisted serviceman who sought the writ after the Army denied his request for a discharge as a conscientious objector. The District Court held that Peckat had made out a prima facie case for a conscientious objector discharge, and that the Army, in rejecting his claim as insincere, had not met its burden of proof, for it gave no reasons for its conclusion. We agree with the District Court and affirm its order.

I

In seeking a discharge, Specialist…