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JAMES J. HOWE, JR., APPELLEE-PETITIONER, v. MELVIN R. LAIRD, SECRETARY OF DEFENSE, ET AL., APPELLANTS-RESPONDENTS.

PER CURIAM.

The district court concluded that there was no basis in fact for the denial by the Army of conscientious objector status to appellee. We agree. Helwick v. Laird, 5 Cir., 1971, 438 F.2d 959; Kessler v. United States, 5 Cir., 1969, 406 F.2d 151.

The finding of the district court that appellee's statement in support of his application for discharge, if sincere, made out a prima facie case, is not disputed. The Army was of the view that appellee lacked the depth of conviction required to qualify for discharge as a conscientious objector. This result rested on the disbelief of appellee by the Army officials who interviewed him. We are unable to find any ". . . affirmative evidence to support the rejection . . ." nor is there anything in the record which ". . substantially blurs the picture painted by [appellee] and thus casts doubt on his sincerity . . ." Kessler v. United States, supra, 406 F.2d at 156.

Affirmed.

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HOWE v. LAIRD
(Mar 9, 1972)