Day 11 - A How-To Guide

I offer today's post as an overview of what the military has dictated to be the process through which a service member may request to be classified as a conscientious objector.

The Department of Defense regulations regarding this issue are found in DOD Directive 1300.6, and the Navy guidance comes from MILPERSMAN 1900-020. All quotations within this post are from MILPERSMAN 1900-020. Before I begin my overview, I would like to respond to a few emails that I have received by highlighting the fact that the existence and nature of these instructions leave no question as to the following points:

• A request to be classified as a conscious objector is a completely legitimate, regulated, and accepted action that any enlisted person or officer may choose to exercise. A request for leave (vacation) is no more acceptable or legitimate than a request to be classified as a conscientious objector. Although leave requests are obviously made more frequently, both are rights guaranteed to the service member by the military itself.

• If I am classified as a conscientious objector and discharged, I would not be discharged simply because I wanted it to happen. If it happens, it will be done "by reason of Convenience of the Government - Conscientious Objection," and it will be an honorable discharge. According to the government's own rules, I cannot of my own volition terminate my employment; in other words, the government makes clear that I cannot break my contract. I hope that this makes clear to any interested persons that according to the rules and language of the military, I have not violated, backed out, broken, dishonored, reneged, or otherwise failed to fulfill the terms of my enlistment. The military is absolutely clear that if I'm discharged, it will be as a "convenience" to them, not as a favor to me. I wish to make the disclaimer that this response is strictly limited to the terms and conditions set forth by the military itself, and it is not an attempt to address the legitimacy of military employment contracts in principle.

• Implied within the previous two bullets is the fact that the military doesn't obligate itself, nor is it obligated by any other governmental body, to fulfill my request. Should I not be classified as a conscientious objector the military will continue my employment.

That said, after a member has submitted a request, (mine is viewable here) she or he will undergo two interviews, one with a Chaplain and another with a psychiatrist or clinical psychologist. About these interviews:

"a. . . . "A written report must be provided by both and attached as enclosures and part of the case file. If the applicant refuses to participate, is uncooperative, or unresponsive in the course of these interviews, this fact will be included in their statements.

b. The chaplain will provide opinion of the nature and basis of the applicant's claim, sincerity, and depth of conviction in the claim of conscientious objection, and a recommendation of disposition with the rationale for the conclusion.

c. The psychiatrist or clinical psychologist will provide a report or psychiatric disorders which would warrant treatment or disposition through medical channels or such personality disorder which would warrant recommendation for appropriate administrative separation action. Comments concerning the sincerity or credibility of the applicant's claimed convictions may also be included."

My interview with the chaplain has been completed and is the topic of my post, Man of the Cloth. The expected date of my evaluation by a clinical psychologist is 21MAY09. In addition to these interviews a "lieutenant commander or above will be appointed, by the commanding officer (CO), as the Investigating Officer (IO)." In addition to a few other administrative tasks, the IO:

"(2) will conduct a hearing on the application to afford the applicant an opportunity to present any evidence desired in support of the application. This will help the hearing officer to ascertain and assemble all relevant facts to create a comprehensive record, and to facilitate an informed recommendation to the CO.

(3) will actively and critically examine the applicant's beliefs, and any failure or refusal to submit to questioning under oath or affirmation. Should the applicant fail to appear, the IO may proceed in the applicant's absence as the applicant is considered to have waived the right for appearance."

Numbers (1) and (4) pertain to the IO obtaining guidance from different Navy resources and counseling the applicant as to the potential loss of veteran's benefits that could result from refusing "to perform military duty or otherwise to follow lawful orders of competent military authority". The instruction describes the hearing as follows:

"The hearing will be informal in character and the rules of evidence employed by a court-martial do not apply, except that all oral testimony presented shall be under oath or affirmation. Any relevant evidence may be received. Statements obtained from persons not present at the hearing need not be made under oath or affirmation."

Also I was most comforted to read that "the hearing is not an adversary (sic) proceeding." The IO is next tasked with providing a written report that summarizes the hearing. All the documentation is then organized and a copy is given to the CO and to the applicant. The applicant then has five working days to submit a rebuttal to the investigating officer.

After reviewing the record for "completeness" and adding "comments and recommendations," the CO is to "forward the completed case file to NAVPERSCOM". It should also be noted that "comments are restricted to those matters contained in the record." As for who or what is the mysterious NAVPERSCOM, it's the abbreviation for Navy Personnel Command, located in Millington, TN, and tasked with handling the assignment of personnel within the Navy.

Thus the process ends, and I will either be discharged as a conscientious objector, or I won't. A final quote makes this point abundantly clear:

"Determination by NAVPERSCOM is final with respect to administrative separation."