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First Circuit Review 2009

A 1962 Department of Defense (DOD) directive authorizes the discharge from service of military members with religiously based conscientious objections to war.  A conscientious objection is “a firm, fixed and sincere objection to participation in war in any form . . . because of religious training and belief.”  In Hanna v. Secretary of the Army, the First Circuit considered whether the Army had a “basis in fact” for denying the applicant conscientious-objector status.  The court held that the decision of the Department of the Army Conscientious Objector Review Board (Board) was without a basis in fact because the Board lacked hard, reliable, articulable facts for denying the claim. . . .