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COLE v. SPEAR

No. 83-1382.

747 F.2d 217 (1984)

Leslie A. COLE, 175-52-6367, HTFR/E-1, USN, Appellee, v. Commanding Officer, U.S.S. L.Y. SPEAR (AS-36), Commanding Officer, Fort George G. Meade, The Secretary of Defense, and Commander, Naval Military Personnel Command, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 25, 1984.

Attorney(s) appearing for the Case

R.W. Gehring, Lieutenant Colonel, Baltimore, Md. (J. Frederick Motz, U.S. Atty., and William D. Quarles, Asst. U.S. Atty., on brief), for appellants.

James Feldman, Jr., and Harold Buchman, Baltimore, Md. (Brian Rudnick, Baltimore, Md., on brief), for appellee.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, and CHAPMAN, Circuit Judges, sitting in banc.

HARRISON L. WINTER, Chief Judge:

The Navy appeals from an order of the district court granting Leslie A. Cole, an enlisted active member of the Navy, a discharge as a conscientious objector (C.O.). It was the view of the district court that Cole was eligible for a C.O. discharge and that the Navy effectively had denied it without any basis in fact. The Navy then placed Cole on appellate leave and obtained from us a stay of her discharge pending appeal.

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