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BARR v. WEISE

No. 415, Docket 33032.

412 F.2d 338 (1969)

Petition of Aaron BARR for a Writ of Habeas Corpus, Petitioner-Appellee, v. Robert W. WEISE, Adjutant General, Department of the Army; Stanley R. Resor, Secretary of the Army; Macon A. Hipp, Commanding Officer, Fort McClellen, Respondents-Appellants.

United States Court of Appeals Second Circuit.

Decided June 16, 1969.

Attorney(s) appearing for the Case

Patricia M. Hynes, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Alan B. Morrison and Michael D. Hess, Asst. U. S. Attys., New York City, on the brief), for respondents-appellants.

David Blasband, New York City (Linden & Deutsch, Peter C. Clapman, New York City, on the brief), for petitioner-appellee.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge:

The petitioner, Aaron Barr, in May 1965 enlisted for a period of six years as a member of the United States Army Reserve. He served his period (actually some eighteen weeks) of active duty and upon separation was assigned to the Reserves. In March 1967 the Army promulgated new criteria and procedures for discharge if (a) "Dependency/hardship"; (b) "Religious reasons" existed. Supported by a letter from...

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