Conscientious Objector Discharge Part C

https://girightshotline.org/en/military-knowledge-base/topic/conscientious-objection-discharge

AFI 36-3204 PROCEDURES FOR APPLYING AS A CONSCIENTIOUS OBJECTOR 6 April 2017

Source
AFI 36-3204 PROCEDURES FOR APPLYING AS A CONSCIENTIOUS OBJECTOR 6 April 2017 (827 KB)

Comments: To view or download the complete regulation, click on the link to it in the box above these comments.

Chapter 2
PREPARING CO APPLICATIONS

2.1. Conscientious Objector.

  • 2.1.1. Class 1-O. A member who, by reason of conscientious objection, sincerely objects to participation in military service of any kind in war in any form.
  • 2.1.2. Class 1-A-O. A member who, by reason of conscientious objection, sincerely objects to participation as a combatant in war in any form, but whose convictions are such as to permit military service in a noncombatant status. Also referred to as noncombatant duties or noncombatant service.

2.2. Establishing Claim. The applicant for CO status bears the burden of establishing conscientious objection as grounds for separation or assignment to noncombatant training and service. The applicant must establish by clear and convincing evidence that:

  • 2.2.1. The nature or basis of the claim falls under the definition of conscientious objections described in this AFI (T-1)

Comments: “AFI” is Air Force Instruction.

  • 2.2.2. The applicant’s belief is honest, sincere, and deeply held (T-1)
  • 2.2.3. The applicant’s belief is by virtue of religious training or other belief system akin to religion; and (T-1)
  • 2.2.4. The applicant opposes participation in war in any form or the bearing of arms (T-1)

2.3. Nature of Request. The applicant must set out the exact nature of the request — that is, whether the applicant requests separation based on conscientious objection (1-O) or for assignment to noncombatant training and service based on conscientious objection (1-A-O). (T-1)

  • 2.3.1. Only members who have time remaining on their enlistment contract or have an Active Duty Service Commitment (ADSC) for officers may request noncombatant training and service (1-A-O).
  • 2.3.2. Members who do have time remaining on their enlistment contract or have an ADSC for officers may request CO (1-O) status with curtailment of ADSC and discharge upon approval.
  • 2.3.3. Members with no remaining ADSCs or enlistment agreement at the time of their CO application must request CO (1-O) status with discharge upon approval.

2.4. Applying for Noncombatant Training and Service. The applicant will explain on his/her application in detail what benefit his/her continued service (to include new duties and responsibilities) would be to the Air Force. Reviewing officials will provide recommendations on the validity of the applicant’s continued active duty service, so that final approving authorities can make a determination that is in the best interest of the Air Force. AFPC/DP3AM (Assignment Policy) and/or AFPC/DP3ST (Classifications) may be consulted by the final approving authority for further guidance to validate retaining members. If noncombatant duties cannot be established or validated for continued active duty service, the option to discharge an approved applicant under (1-O) CO status may be utilized by the final approving authority. (T-1)

2.5. Submitting Application. A member of the Air Force who seeks either separation (1-O) or assignment to noncombatant duties (1-A-O) will:

  • 2.5.1. Include in the application a notation of the separation directive that applies:
    • 2.5.1.1. AFI 36-3207, Separating Commissioned Officers
    • 2.5.1.2. AFI 36-3208, Administrative Separation of Airmen
    • 2.5.1.3. AFI 36-3203, Service Retirements
    • 2.5.1.4. AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members
  • 2.5.2. Include in the application the personal information required by Attachment 2.

Comments: The information required in the application appears in Attachment 2, at the end of this excerpt.

  • 2.5.3. Include in the application the statement required by Attachment 3 if applicant is requesting separation (1-O). Include the statement required by Attachment 5 if applicant is requesting noncombatant status/duties (1-A-O).
  • 2.5.4. Include in the application any other information that the applicant desires to submit in support of the case. NOTE: Members who have departed their duty station for Permanent Change of Station (PCS) reassignment must submit their application at their next duty station.
  • 2.5.5. Forward application according to Table 3.1…

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