Goldstein v. Middendorf

*54OPINION

TAURO, District Judge.

This action involves a petition for Habeas Corpus by a reserve officer seeking release from the United States Navy as a Conscientious Objector. 50 U.S.C. App. § 456(j).

On March 4, 1971, Michael L. Gold-stein accepted a Commission as a Lieutenant in the United States Naval Reserve, thereby incurring a six year reserve and a two year active duty obligation. The program in which he enrolled, popularly known as the “Berry Plan,” allows a physician to defer compulsory military service in order to obtain specialized residency training while on inactive duty. Lobis v.…