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KURTZ v. LAIRD

No. 71-2277.

455 F.2d 965 (1972)

Joseph S. KURTZ, Petitioner-Appellant, v. Melvin LAIRD, Secretary of Defense, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

March 7, 1972.

Attorney(s) appearing for the Case

Leonard J. Schwartz, Patrick D. Burke, Rigely, Schwartz, Fagan & Burke, Inc., San Antonio, Tex., for petitioner-appellant.

Seagal V. Wheatley, U. S. Atty., Henry Valdespino, Asst. U. S. Atty., San Antonio, Tex., William S. Sessions, U. S. Atty., Western District of Texas, San Antonio, Tex., for respondents-appellees.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

Four months after entering the service, Kurtz filed an application for discharge from the Army as a conscientious objector, pursuant to the applicable Army Regulation.1 Both the chaplain and the hearing officer found Kurtz's beliefs to be sincerely held but recommended that his application be disapproved. Subsequently, the Army Conscientious Review Board denied Kurtz's application. The district court denied habeas relief to...

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