[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR75.4]



[Page 437-438]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 75_CONSCIENTIOUS OBJECTORS--Table of Contents

 

Sec.  75.4  Policy.



    (a) Administrative discharge prior to the completion of an obligated 

term of service is discretionary with the military service concerned, 

based on a judgment of the facts and circumstances in the case. However, 

insofar as may be consistent with the effectiveness and efficiency of 

the military services, a request for classification as a conscientious 

objector and relief from or restriction of military duties in 

consequence thereof will be approved to the extent practicable and 

equitable within the following limitations:

    (1) Except as provided in paragraph (a)(2) of this section, no 

member of the Armed Forces who possessed conscientious objection beliefs 

before entering military service is eligible for classification as a 

conscientious objector if

    (i) (a) Such beliefs satisfied the requirements for classification 

as a conscientious objector pursuant to section 6(j) of the Universal 

Military Training and Service Act, as amended (50 U.S.C. App. 456(j)) 

and other provisions of law, and (b) he failed to request classification 

as a conscientious objector by the Selective Service System; or

    (ii) (a) He requested classification as a conscientious objector 

before entering military service, and (b) such request was denied on the 

merits by the Selective Service System, and (c) his request for 

classification as a conscientious objector is based upon essentially the 

same grounds, or supported by essentially the same evidence, as the 

request which was denied by the Selective Service System.

    (2) Nothing contained in this part renders ineligible for 

classification as a conscientious objector a member of the Armed Forces 

who possessed conscientious objector beliefs before entering military 

service if (i) such beliefs crystalized after receipt of an induction 

notice; and (ii) he could not request classification as a conscientious 

objector by the Selective Service System because of Selective Service 

System regulations prohibiting the submission of such requests after 

receipt of induction notice.

    (b) Because of the personal and subjective nature of conscientious 

objection, the existence, honesty, and sincerity of asserted 

conscientious objection beliefs cannot be routinely ascertained by 

applying inflexible objective standards and measurements on an ``across-

the-board'' basis. Requests for discharge or assignment to noncombatant 

training or service based on conscientious objection will, therefore, be 

handled on an individual basis with final determination made at the 

headquarters of the military service concerned in accordance with the 

facts and



[[Page 438]]



circumstances in the particular case and the policy and procedures set 

forth herein.