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Conscientious Objection

If you are an active-duty servicemember and have concerns with what you may be asked to do in the line of duty at the behest of national and military leadership, you've come to the right place. You have a right to refuse to follow unlawful orders, and if you find you have become a pacifist during your enlistment or prior to a draft, you have a right to be declared a Conscientious Objector. We'll walk through your options here, and provide resources for you to contact.  Thank you for your service!

Official Guidance

From official Department of Defense guidance, here are the parameters for determining Conscientious Objectorship (full text available at link):

3.1. GENERAL INFORMATION: The criteria set forth herein provide policy and guidance in considering applications for separation or for assignment to non-combatant training and service based on conscientious objection. Consistent with the national policy to recognize the claims of authentic conscientious objectors in the Military Services, an application for classification as a conscientious objector may be approved, subject to the limitations of this issuance, for any individual:

a. Who is conscientiously opposed to participation in war in any form.

b. Whose opposition is based on a moral, ethical, or religious belief.

c. Whose position is firm, fixed, sincere, and deeply held.

3.2. RELIGIOUS, MORAL, OR ETHICAL BELIEF.  

SECTION 2: RESPONSIBILITIES

CRITERIA 

     a. A Service member’s objection may be founded on religious training or belief; it may also be based on personal beliefs that are purely moral or ethical in source or content and occupy to the Service member a place parallel to that filled by more traditional religious convictions. To determine if an applicant’s moral or ethical beliefs oppose participation in war in any form and are held with the strength of traditional religious convictions, the applicant must show that these moral and ethical convictions:

          (1) Have directed the applicant’s life in the way traditional religious convictions of equal strength, depth, and duration have directed the lives of those whose beliefs are clearly found in traditional religious convictions.

          (2) Are the primary controlling force in the applicant’s life.

    b. A primary factor to be considered is the sincerity with which the religious, moral, or ethical belief is held. Great care must be exercised in seeking to determine whether asserted beliefs are honestly and genuinely held.              (1) Sincerity is determined by an impartial evaluation of the applicant’s thinking and living in its totality, past and present.

          (2) Care must be exercised in determining the integrity of beliefs and the consistency of the application.

     c. Information presented by the applicant must be sufficient to convince that the Service member’s personal history reveals views and actions strong enough to demonstrate that expediency or avoidance of military service is not the basis of the applicant’s claim.

          (1) When the Service evaluates applications, the member’s conduct, in particular the outward manifestation of the beliefs asserted, will be carefully examined and given substantial weight. Relevant factors that should be considered in determining an applicant's claim of conscientious objection include:

               (a) Training in the home and religious organization.

               (b) General demeanor and pattern of conduct.

               (c) Participation in religious activities.

               (d) Ethical or moral convictions gained through training, studying, contemplation, or other activity comparable in rigor and dedication to the processes by which traditional religious convictions are formulated.

               (e) Credibility of the applicant and persons supporting the claim.

          (2) Particular care must be exercised not to deny the existence of authentic beliefs simply because those beliefs are incompatible with the reviewing authority’s belief system.

               (a) A membership of a religious organization or adherence to particular theological tenets is not required to warrant administrative separation or assignment to non-combatant training and service, for conscientious objectors.

               (b) Mere affiliation with religious organizations or other groups that advocate conscientious objection as a tenet of its creed may not necessarily determine an applicant’s position or belief or signify the accuracy of the applicant’s claim.

               (c) Conversely, affiliation with a religious organization or group that does not teach conscientious objection does not necessarily rule out adherence to conscientious objection beliefs in any given case.

               (d) Where an applicant is or has been a member of a religious organization or tradition, and where the applicant’s claim of conscientious objection is related to such membership, an inquiry may properly be made as to the fact of such membership, the teaching of the religious organization or tradition, and the applicant’s religious activity. However, the fact that the applicant may disagree with, or not subscribe to, some of the tenets of the applicant’s religious organization, does not necessarily discredit the claim. The personal convictions of each individual will be controlling so long as personal convictions are derived from the applicant’s moral, ethical, or religious beliefs.

     d. An applicant who is otherwise eligible for conscientious objector status may not be denied that status simply because the applicant’s conscientious objection influences the applicant’s personal views concerning the nation’s domestic or foreign policies. The task is to decide whether the beliefs professed are sincerely held, and whether they govern the claimant’s actions in both word and deed.

3.3. BURDEN OF PROOF.

     a. The burden of establishing a claim of conscientious objection as a ground for separation or assignment to non-combatant training and service is on the applicant. To this end, the applicant must establish by clear and convincing evidence that:

          (1) The nature or basis of the claim falls within the definition of and criteria prescribed herein for conscientious objection.

         (2) Their belief in connection therewith is firm, fixed, sincere, and deeply held.

     b The applicant has the burden of determining and setting forth the exact nature of his or her request, i.e., whether for separation based on conscientious objection (Class 1-O), or for assignment to non-combatant training and service based on conscientious objection (Class 1-A-O).

4.1. APPLICATION. A member of the Military Services who seeks either administrative separation or assignment to non-combatant duties by reason of conscientious objection must complete the necessary application. The Service member will be informed of the purpose of the application and its routine uses before submission (see Figure 1) and sign an acknowledgement that they have been so informed. The applicant will indicate whether a discharge or assignment to non-combatant duties is desired. The submission must include the following information:

     a. General Information concerning the applicant including:

          (1) Full name, Department of Defense identity number, selective service number.

          (2) Name and address of each school and college attended.

          (3) List of all occupations, positions, jobs, or types of work.

          (4) The religious denomination or tradition of both parents.

     b. A statement as to whether an application was made to the Selective Service System (local board) for classification as a conscientious objector before entry into the Military Services and the results of that effort.

     c. A description or explanation of:

           (1) The nature of the belief that requires the applicant to seek separation from military service or assignment to non-combatant training and duty for reasons of conscience.

          (2) How the applicant’s beliefs changed or developed to include an explanation as to what factors (how, when, and from whom or from what source training was received or belief acquired) caused the change in or development of conscientious objector beliefs.

          (3) When these beliefs became incompatible with military service or combatant duties, and why.

     d. A statement as to whether the applicant has ever been a member of any military organization or establishment before entering upon his or her present term of service; if so, the name and address of such organization will be provided along with reasons why the applicant became a member.

    e. A statement as to whether the applicant is a member of a religious organization, or an organization that advocates moral or ethical beliefs, or practices a particular tradition; if so, the statement will set forth each of the following items:

          (1) The name of the organization or tradition, and the name and location of its governing body or head, if known. 

          (2) When, where, and how the applicant became a member of said organization or tradition.

          (3) The name and location of any religious organization, congregation, or meeting that the applicant customarily attends, and the extent of the applicant's active participation therein including the name, title, and present address of the pastor or leader of such religious organization, congregation, or meeting.

          (4) A description of the creed or official statements, as they pertain to participation in war.

     f. Additional information, such as letters of reference or official statements of organizations to which the applicant belongs or refers to in the application. The burden is on the applicant to obtain and forward such information.

     g. Any other relevant items that the applicant desires to submit in support of the application.

     

Resources

877-447-4487 

GI Rights Hotline

Best for: active duty enlisted men and women seeking immediate advice on their particular situation.

www.nlgmltf.org

Military Law Task Force of the National Lawyers Guild

Best for: active duty enlisted men and women seeking immediate advice on their particular situation, veterans of JAG or other military legal office who can volunteer specific, educated advice.

www.aboutfaceveterans.org

About Face: Veterans Against War (former IVAW- Iraq Veterans Against the War)

Best for: veterans seeking to support the military community and seeking community with other peaceful veterans.

www.centeronconscience.org

Center on Conscience and War

Best for: active duty and veterans seeking more information and resources for supporting conscientious objection.

www.veteransforpeace.org

Veterans For Peace

Best for: veterans against US involvement in war seeking solidarity, support, and community.

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