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MARTIN v. SECRETARY OF ARMY

No. 7:06-CV-312.

463 F.Supp.2d 287 (2006)

Corey D. MARTIN, Petitioner, v. SECRETARY OF THE ARMY and Commander, 10th Mountain Division (LI), Fort Drum, New York, Respondents.

United States District Court, N.D. New York.

December 4, 2006.

Attorney(s) appearing for the Case

Costello, Cooney & Fearon, P.L.L.C. (Samuel C. Young, Esq., of counsel), Syracuse, NY, New York Civil Liberties Union Foundation (Deborah H. Karpatkin, Esq., of counsel), New York City, for Petitioner.

Glenn T. Suddaby, United States Attorney (Charles E. Roberts, Esq., Assistant United States Attorney Attorney, of counsel), Syracuse, NY, for Respondents.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. BACKGROUND

In 2001, petitioner Corey D. Martin ("petitioner" or "Martin") enlisted in the United States Army ("Army"). Martin eventually rose to the rank of sergeant and was stationed at Fort Drum in New York. In November 2005, after several years of reading, studying, and personal reflection, Martin realized that he was morally and ethically opposed to all wars. In...

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