[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR1636.8]

[Page 330-331]
 
                        TITLE 32-NATIONAL DEFENSE
 
                  CHAPTER XVI--SELECTIVE SERVICE SYSTEM
 
PART 1636_CLASSIFICATION OF CONSCIENTIOUS OBJECTORS--Table of Contents
 
Sec. 1636.8  Considerations relevant to granting or denying a claim for 
classification as a conscientious objector.

    (a) After the registrant has submitted a claim for classification as 
a conscientious objector and his file is complete, a determination of 
his sincerity will be made based on:
    (1) All documents in the registrant's file folder; and
    (2) The oral statements of the registrant at his personal 
appearance(s) before the local and/or appeal board; and
    (3) The oral statements of the registrant's witnesses, if any, at 
his personal appearance(s) before the local board; and
    (4) The registrant's general demeanor during his personal 
appearance(s).

[[Page 331]]

    (b) The registrant's stated convictions should be a matter of 
conscience.
    (c) The board should be convinced that the registrant's personal 
history since the crystallization of his conscientious objection is not 
inconsistent with his claim and demonstrates that the registrant's 
objection is not solely a matter of expediency. A recent crystallization 
of beliefs does not in itself indicate expediency.
    (d) The information presented by the registrant should reflect a 
pattern of behavior in response to war and weapons which is consistent 
with his stated beliefs. Instances of violent acts or conviction for 
crimes of violence, or employment in the development or manufacturing of 
weapons of war, if the claim is based upon or supported by a life of 
nonviolence, may be indicative of inconsistent conduct.
    (e) The development of a registrant's opposition to war in any form 
may bear on his sincerity. If the registrant claims a recent 
crystallization of beliefs, his claim should be supported by evidence of 
a religious or educational experience, a traumatic event, an historical 
occasion, or some other special situation which explains when and how 
his objection to participation in war crystallized.
    (f) In the event that a registrant has previously worked in the 
development of or manufacturing of weapons of war or has served as a 
member of a military reserve unit, it should be determined whether such 
activity was prior to the stated crystallization of the registrant's 
conscientious objector beliefs. Inconsistent conduct prior to the actual 
crystallization of conscientious objector beliefs is not necessarily 
indicative of insincerity. But, inconsistent conduct subsequent to such 
crystallization may indicate that registrant's stated objection is not 
sincere.
    (g) A registrant's behavior during his personal appearance before a 
board may be relevant to the sincerity of his claim.
    (1) Evasive answers to questions by board members or the use of 
hostile, belligerent, or threatening words or actions, for example, may 
in proper circumstances be deemed inconsistent with a claim in which the 
registrant bases his objection on a belief in nonviolence.
    (2) Care should be exercised that nervous, frightened, or 
apprehensive behavior at the personal appearance is not misconstrued as 
a reflection of insincerity.
    (h) Oral response to questions posed by board members should be 
consistent with the written statements of the registrant and should 
generally substantiate the submitted information in the registrant's 
file folder; any inconsistent material should be explained by the 
registrant. It is important to recognize that the registrant need not be 
eloquent in his answers. But, a clear inconsistency between the 
registrant's oral remarks at his personal appearance and his written 
submission to the board may be adequate grounds, if not satisfactorily 
explained, for concluding that his claim is insincere.
    (i) The registrant may submit letters of reference and other 
supporting statements of friends, relatives and acquaintances to 
corroborate the sincerity of his claim, although such supplemental 
documentation is not essential to approval of his claim. A finding of 
insincerity based on these letters or supporting statements must be 
carefully explained in the board's decision, specific mention being made 
of the particular material relied upon for denial of classification in 
Class 1-A-0 or Class 1-0.

[47 FR 4655, Feb. 1, 1982, as amended at 52 FR 24457, July 1, 1987; 60 
FR 13908, Mar. 15, 1995]