F.A.Q. - Conscientious Objector StatusVersion 1.2, April 16, 2003Written by Gregory Gadow First off, let me say that much of this information is derived from the way things worked from the late 1960's throughout the end of the draft in 1975. It is possible that, should the draft be reinstated, the documentation procedures for CO status will be different. Version 1.2 notes: The House Bill that prompted me to write this FAQ expired at the end of the 2002 Congressional session. I have removed mention of that bill and added references to pending bills in Congress. I have also made some minor revisions and corrections. Contents
What is the current Selective Service registration law?The last men drafted in the United States were inducted in 1973, and in April of 1975, registration for the Selective Service was abolished. Registration was reinstated by President Carter in July 1980 as a response to the Soviet invasion of Afghanistan.All men ages 18 through 25 are required to register with the Selective Service and to keep their registrations up to date. This includes not only natural citizens and those who become citizens before their 26th birthday, but also permanent resident aliens, special agricultural workers in the United States on immigration forms I-688 or I-688A, aliens who have refugee, parolee or asylum status, and even undocumented (illegal) aliens. Lawful non-immigrants on visas (such as diplomatic and consular personnel and families, foreign students, tourists with unexpired visas forms I-94 or I-94A or those with Border Crossing Documents forms I-185, I-186 or I-144) are not required to register, nor are women. Being mentally or physically handicapped is not automatically an exception: If you are able to function in public with or without assistance, you must register if you are otherwise required to register. (See http://www.sss.gov/must.htm for full information.) Registration forms are available in any United States Post Office and at most U. S. high schools. Failure to register can result in a fine of up to $250,000 and a felony conviction with up to five years in prison. Proof of registration is required to obtain federal student aid, job training benefits and most federal employment. (See http://www.sss.gov/FSbenefits.htm for full information.) Many states have laws making registration with the Selective Service a requirement for similar state programs and jobs.
Draft? What draft?Although there has not been an active draft in the United States since 1973, Congress almost always has bills for the reactivation of mandatory military service.One such bill, the Universal National Service Act of 2003, was introduced on January 7, 2003 to the Senate as S 89 and to the House as HR 163. This act would require every citizen and “every other person residing in the United States” between the ages of 18 and 26 to a two year period of national service, either in the Armed Forces or “in a civilian capacity that... promotes the national defense, including national or community service and homeland security.” This law also lifts the exclusion of women from the draft. This bill was proposed by leading Congressional liberals. Their stated intent was to invigorate opposition to the President’s drive to war by reviving opposition to a mandatory draft. Even so, some conservatives have voiced their intent to pass this bill and get it signed in to law. For a full copy of this bill, visit http://thomas.loc.gov and do a search for either S. 89 (Senate version) or HR 163 (House version.)
What is a conscientious objector?A conscientious objector is someone whose core values include a prohibition against taking a human life and who, as a result, refuses to take up arms. In the past, two types of conscientious objectors have been recognized: those who refuse to take another human life but are still willing to serve in the military and those who object to taking an active part in any war. As of this writing, section 8 of the Universal National Service Act reads:
My objections are not based on religious beliefs. Can I still be a conscientious objector?In the 1965 case United States v. Seeger 380 U. S. 163 (1965), a unanimous Supreme Court ruled that the expression “religious training and belief” includes any belief which occupies the same place or role in your life as the belief of a Supreme Being does in the life of a believer. Five years latter, the Supreme Court ruled that the religious requirement could not be limited to religious based beliefs only, as this was a violation of the Establishment Clause of the First Amendment. As a result, objections based on moral or ethical beliefs had to be given equal weight as religious beliefs [Welsh v United States 398 U. S. 333 (1970)]The upshot is that agnostics, atheists, secular humanists and other non-believers can apply for and be classified as conscientious objectors, so long as their objections are based on a core value. The refusal by a local draft board to grant such status because it is not religiously based is a violation of the law and can be appealed.
My objections are based on objections to this particular war. Can I still be a conscientious objector?No. CO status is based on core values, not political beliefs.
But my objections are based on the belief that this is not a just war as defined by my core religious beliefs. Can I still be a conscientious objector?No. In the case of Gillette v United States 401 U. S. 437 (1971), the Supreme Court ruled that the beliefs which shape the desire for CO status must include opposition to all wars and may not be selective.
Are there other ways to avoid military service?In the past, the United States has permitted several ways to avoid the draft. People who are unfit for duty because of mental or physical impairment would be rejected. Often, men could claim exemption if they were the sole means of support for their parents.There were also ways to postpone getting drafted. Full time students, for example, were allowed to defer to the end of their studies (latter in the Vietnam War, this deferment was changed to expire at the end of the current academic quarter/semester.) Section 6 of the Universal National Service Act lists several allowed deferments, meaning that the person might be drafted but have the order to report for duty postponed:
Section 7 allows for no general exemptions if the person otherwise meets the health and physical qualifications for voluntary enlistment except:
I’m gay. Should I be concerned about a possible draft?Yes. Over the last 20 years, the U. S. military has routinely suspended all expulsions on the grounds of homosexuality during times of conflict. With growing pressure on the government to permit gay men and women to serve openly and honorably, there is no guarantee that homosexuality will continue to be an automatic exemption from military service.
If I even request conscientious objector status, won’t everyone think I'm a coward or worse?It is unfortunate that this attitude continues, as a great many conscientious objectors have proven themselves on the field of battle.It has been estimated that as many as a 20 percent of all combat medics during and since World War I were conscientious objectors. Two CO medics even received the Congressional Medal of Honor for bravery, Desmond Doss and Thomas Bennett. During the battle of the Maeda Escarpment on Okinawa in World War II, Doss defied an order to retreat and take cover, single handedly saving 75 lives by pulling wounded comrades to safety despite injuries to himself; many other men owed their lives to his courage under fire in latter days. On February 11, 1969, Bennett was killed by enemy fire while trying to retrieve a wounded man near Pleiku, South Vietnam. Many other CO medics have received lesser recognitions: the Purple Heart (for being wounded in combat), the Silver Star (for gallantry in action under enemy fire) and the Bronze Star (for heroic or meritorious service in connection with military action against an enemy.)
How would a draft likely work?The proposed law does not require the previous system of local draft boards. Instead, it gives the President authority to establish such procedures as he sees fit. Since the bill does allow the President to use those methods previously enacted, I will assume that a future draft will work the same way as it has in the past.The system for selecting draftees is complex, designed to be as fair as possible. For each calendar year, the Selective Service will assign a random number to each date. In the past, this was done by putting 365 or 366 identical slips of paper, each with a different date, in to a jar and taking them back out one by one. This “lottery number” becomes the order in which birthdays will be selected to fill the draft quotas. The whole of the US -- the states, the District of Columbia and American territories like Guam and Puerto Rico -- will be divided in to areas. Within each area, a draft board will be set up, consisting of local civilians and military personnel reflecting the area's racial and ethnic diversity. The purpose of the draft board is to oversee the actual conscription. The Selective Service will give each draft board a quota, a particular count of bodies they are obligated to provide. The draft board will apply a formula to figure in probable voluntary recruits, deferments and exemptions. The result is the number of people who will be drafted to fill the quota. Starting with the list of registered men within their area who turn 20 in the current calendar year (i.e. are 19-20 years old), the draft board will start with the date listed as 1 and continue consecutively through the lottery numbers until they have obtained the number of draftees needed. These men will then be notified that “their number has come up” (this is actually where the expression comes from) and will be given a date about a month latter when they must report to the military induction center. They will have until that date to appear before the draft board if they wish to appeal the order for induction. In the event that the draft board runs through that list without filling their quota for the current year, they will begin with the list of those who turn 21 (i.e. are 20-21), continuing until they have reached the list of men who turn 26 and are therefore above draft age. If they still need bodies before the year is over, they will turn to the list of 18-19 year olds. At the start of each year, they will begin again with the list of those who will turn 20.
What will happen if I get classified as a conscientious objector?In the past, there have been two types of conscientious objectors: those who refuse to train in arms but are willing to serve in non-combatant roles, and those who object to any form of military service. During the Vietnam War, those in the first category were given a classification of 1-A-O and were usually trained as medical corpsmen. Those who refused to serve in any military capacity were given the classification of 1-O and served an equivalent two year term of service in a civilian capacity. In either case, COs still served out a period of national service. Upon discharge, 1-A-O conscientious objectors were entitled to receive the same veteran benefits given all other conscripts. In 1974, the Supreme Court ruled that 1-O COs were not entitled to receive these benefits because their personal sacrifices were not similar to the sacrifices made by those who served in the military as non-combatants. [Johnson v. Robison 415 U. S. 361 (1974)]
What will I need to claim status as a conscientious objector?It will not be enough to just appear before your draft board and say, “War is wrong.” After all, if a person wanted to serve, he would have enlisted as a voluntary recruit; therefore there is the assumption that everyone who appears before a draft board will do whatever he can to avoid conscription. Also remember that the board is under strong pressure to fill their quota regardless of your personal beliefs.To document your desire for CO status, you must start early. Get some pocket folders, the kind often used for holding school papers. Make duplicates of everything you do or write that might show a core value against war or the taking of human life and keep at least two identical portfolios; it has happened in the past that a draft board will request your documentation and then misplace it, costing you your exemption. Also remember that you will likely have a very limited amount of time to file your claim and have it granted before you are required by federal law to report to an induction center. Foot dragging on the part of the draft board has never been allowed as an excuse for failure to report. When I started putting my folders together in 1982, this is what I was advised:
With changes in technology over the last 20 years, I would also recommend the following:
Where can I get further information?Organizations:American Friends Service Committee (Quakers)National Youth and Militarism Program 1501 Cherry St., Philadelphia, PA 19102 Phone: 215-241-7176 Fax: 215-241-7177 Email: youthmil@afsc.org Web: http://www.afsc.org/youthmil/choices/Default.htm
Center on Conscience and War
Central Committee for Conscientious Objectors
East Coast:
Email: info@objector.org
Fellowship of Reconciliation
Selective Service System, Registration Information Office
Websites with additional informationFacts on Military Service and Conscientious ObjectionProvided by the Unitarian Universalist Association http://www.uua.org/uuawo/issues/respond/military.html
Supreme Court DecisionsUnited States v Seeger 380 U. S. 163 (1965)Established that the expression, “religious training and belief” included any belief, including non-religious beliefs, which occupies an equivalent role as religious belief. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=380&invol=163
Welsh v United States 398 U. S. 333 (1970)
Gillette v United States 401 U. S. 437 (1971)
Johnson v Robison 415 U. S. 361 (1974)
|