Captain William E. Naill, United States Army v. The Honorable Clifford L. Alexander, Jr., Secretary of the Army

SETH, Chief Judge.

This appeal is taken from denial of a petition for a writ of habeas corpus for release from the Army as an in-service conscientious objector. The district court found that there was a basis in fact for denial by the Secretary of the Army of petitioner’s application for discharge and so denied the petition. The basic issue on appeal is whether there existed a basis in fact for the determination that petitioner’s conscientious objection was not based upon “religious training and belief.”

Captain Naill entered the Army in 1973 under an Armed Forces scholarship program through…