[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: 32CFR75.8]



[Page 442-443]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 75_CONSCIENTIOUS OBJECTORS--Table of Contents

 

Sec.  75.8  Claims of erroneous induction.



    (a) This section applies to any individual who claims that he is a 

conscientious objector and was either erroneously inducted, or 

erroneously assigned to combatant training or duty, for any of the 

following reasons:

    (1) Although determined to be a conscientious objector by a local 

board or appellate agency of the Selective Service System, his records 

failed to reflect classification as such.

    (2) He was denied a significant procedural right in the 

classification process by the Selective Service System.

    (3) Despite actual classification as a conscientious objector 

properly reflected in his records, he was nevertheless erroneously 

inducted, or assigned to combatant training or duty.



Claims based on alleged erroneous determinations made on the merits of 

the case by the Selective Service System are not covered by this 

section. (See Sec.  75.4.)

    (b) Claims covered by paragraph (a) of this section will be referred 

to the Selective Service System without delay for investigation and 

ascertainment of the facts. Communication will



[[Page 443]]



be transmitted to the National Headquarters, Selective Service System, 

Washington, DC 20435.

    (1) If the Selective Service System advises that induction was in 

fact erroneous under paragraph (a)(1) or (a)(3) of this section, the 

claimant will be separated or assigned to noncombatant duties depending 

upon whether he was classified 1-O or 1-A-O.

    (2) If the Selective Service System advises that there was in fact a 

denial of a right or a significant procedural error in the evaluation of 

a claim under paragraph (a)(2) of this section, the induction will be 

considered erroneous and the individual discharged.

    (3) If the Selective Service System advises that any claim under 

paragraph (a) of this section is unfounded or makes a final 

determination adverse to any claim, the claimant will be so informed and 

returned to general duty.

    (c) Pending investigation and resolution of all claims covered by 

this section, a claimant will be assigned to duties which conflict as 

little as practicable with his asserted beliefs, insofar as is 

consistent with the effectiveness and efficiency of the military forces.