“ Applicant, who has been convicted by the military authorities for unauthorized absence, brought suit in the District Court for release by habeas corpus and for other ancillary relief. He apparently has exhausted all military administrative remedies, the Court of Military Appeals having denied him any relief.
His conflict with the Navy arose out of his desire to be discharged as a conscientious objector, a status he claims to have acquired some five months after his enlistment. ”

“ The issue tendered in this case-and in others before the Supreme Court-is that the matter of conscientious objection is of First Amendment dimensions whether based on religion, philosophy, or one's views of a particular 'war' or armed conflict. Whether that view will obtain, no one as yet knows. ”

“ Department of Defense Directive 1300.6, August 21, 1962, revised May 10, 1968, provides for processing such applications and states that pending decision on the application and 'to the extent practicable,' the applicant 'will be employed in duties which involve the minimum conflict with his asserted beliefs.'
According to the allegations, applicant made repeated attempts for 37 days to file and process his application for discharge as a conscientious objector and, if the allegations are sustained, was unable either to make a filing or obtain a hearing. ”