D.C. Circuit Upholds Denial of C.O. Status To Solider

In Aguayo v. Harvey, (D.C. Cir., Feb. 16, 2007), the U.S. Court of Appeals for the District of Columbia upheld the denial of conscientious objector status to a soldier who had applied for a discharge shortly before he was to be deployed to Iraq. The Court found that Department of the Army Conscientious Objector Review Board had adequate support in the record for its conclusion that "Aguayo lacked the 'religious foundation' or 'underpinning' required of conscientious objectors and had not adequately explained the source of his claimed beliefs; that [he] appeared to hold his beliefs prior to enlistment; and that the timing of [his] application was suspect." NBC5i reported on the decision yesterday. (See prior related posting, and links to legal documents in the case.)