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. . . .
Military Law—Army Denies Conscientious-Objector Status Without Basis in Fact—Hanna v. Secretary of the Army, 513 F.3d 4 (1st Cir. 2008)
Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42