Court of Appeals for the First Circuit June 4, 1971, 71-1045_1 (Harold L. Crotty v. Lawrence R. Kelly, Commanding Officer)

COFFIN, Circuit Judge.

On May 14, 1970, petitioner, a member of the New Hampshire Army National Guard, was ordered to active duty, pursuant to Army Regulation 135-91 § 12. Petitioner sought to avoid serving on active duty by appealing this order, by claiming medical incapacity, and by claiming conscientious objector status.