a conscientious objector had been denied. Such denial was based on the Navy's conclusion that Finley's beliefs were not religious and that they were not sincere because the aforesaid medical reports did not disclose that Finley had ever discussed his moral opposition to war with any of the physicians. (R-1)
30. On December 18, 1969, Finley petitioned this Court for a writ of habeas corpus under sections 2241 and 2243, Title 28, United States Code, to determine the legality of his custody by the United States Navy. (Finley v. Drew, M-69-641, U.S.D.C., E.D. Pa. (1969)).
31. This Court, upon Finley's request, issued a temporary restraining order restraining the Navy from transferring him until a hearing could be held on his petition for writ of habeas corpus. (Finley v. Drew, M-69-641, U.S.D.C., E.D. Pa. (1969)).
32. On January 6, 1970, a hearing on the petition was held by this Court resulting in an agreement by the parties involved that another application for discharge based on conscientious objection should be filed in order to eliminate any irregularities present in the first application. (Finley v. Drew, M-69-641, U.S.D.C., E.D. Pa. (1969)).
33. Accordingly, a preliminary injunction was issued by this Court in order to grant the parties time to effectuate the above-noted agreement. (Finley v. Drew, M-69-641, U.S.D.C., E.D. Pa. (1969)).
34. Finley then filed a second formal application for discharge from the Navy based on conscientious objection. (R-1-A)
35. On or about February 26, 1970, Finley was interviewed by LCDR N. Howard, a Navy psychiatrist, regarding any abnormal fears of death, injury or mutilation which petitioner might have. (R-1-A) LCDR Howard found no evidence of psychosis or other serious psychiatric disorder. (R-1-A)
36. On or about March 5, 1970, Finley was interviewed by LCDR John F. Walker, another Navy Chaplain, who found that "JAMES TERRY FINLEY holds a sincere conviction that his membership in the Armed Forces is morally wrong". (R-1-A)
37. On or about March 24, 1970, petitioner received a second 0-3 interview, this time before Lt. Douglas A. Faulkner, the Naval Station's legal officer. (R-1-A)
38. During a portion of the above-noted 0-3 interview, Dr. P. S. Milstein, the Navy psychiatrist who had interviewed Finley in the Spring of 1969, was present and related the events surrounding that psychiatric examination. (R-1-A)
39. A result of this interview was that Lt. Faulkner concluded in his report that Dr. Milstein's narrative summary relating to his psychiatric examination "was incomplete because neither HA FINLEY nor DR. MILISTEIN [sic] considered FINLEY's conscientious objection to be the purpose for the psychiatric treatment." (R-1-A)
40. In his report Lt. Faulkner further stated: "I do not doubt that HA FINLEY is sincerely opposed to killing other people, but I do believe that this opposition is based on his own personal, moral and philosophical code. . . ." (R-1-A)
41. Consequently, Lt. Faulkner recommended in his report that petitioner's second application for discharge be denied "because his position is not based on religious training or belief. . . ." (R-1-A)
42. On or about June 10, 1970, the Bureau of Naval Personnel rejected Finley's second application for discharge from the United States Navy as a conscientious objector, basing its decision in large part upon the "case history provided by Dr. McClure." (R-1-A) This was done despite the fact that such material was neither a part of Finley's official service record nor Lt. Faulkner's report. (N.T. 6-7; R-1)
43. An evidentiary hearing was held by this Court on June 24, 1970, after which the preliminary injunction issued on January 6, 1970, was extended until further order to give the parties time to file briefs and present oral argument. (Finley v. Drew, M-69-641, U.S.D.C., E.D. Pa. (1969)).
44. After receiving briefs and hearing oral argument, and after due deliberation, this Court issued the following order:
"AND NOW, this 22nd day of July, 1970, it is hereby