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DAVENPORT v. LAIRD

No. 15342.

440 F.2d 380 (1971)

Robert J. DAVENPORT, Jr., Appellant, v. Melvin LAIRD, Secretary of Defense, Stanley R. Resor, Secretary of the Army, and Major General James F. Hollingsworth, Commanding General of Fort Jackson, South Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1971.

Attorney(s) appearing for the Case

Jack F. McGuinn, Columbia, S. C. (Richard F. Swift and Dow, Lohnes & Albertson, Washington, D. C., and James Rebholz, American Civil Liberties Union, on brief), for appellant.

Wistar D. Stuckey, Asst. U. S. Atty. (Joseph O. Rogers, Jr., U. S. Atty., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and MILLER, District Judge.

PER CURIAM:

The district judge denied a writ of habeas corpus to an Army draftee who sought his discharge from the Army on the basis that he had become a conscientious objector after he entered into military service. We affirm.

Private Davenport filed three successive applications under applicable Army regulations. At first he sought to be assigned to non-combatant duties. When this request was denied he sought discharge as a conscientious objector. This request...

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