[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR75.4]

[Page 375]
 
                       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 circumstances in the particular case and the policy and 
procedures set forth herein.