one, e.g., upgrade an undesirable discharge to a general or even an honorable discharge but not direct a less favorable discharge than that recommended by the board.

(3) Approve the board's recommendation for discharge but change the basis therefor when the record indicates that such action would be appropriate, except that he shall not designate unfitness or misconduct as the basis when the board has recommended discharge for unsuitability.

(4) Disapprove the recommendation for discharge and retain the member in the service.

(5) Disapprove the recommendation for retention and direct discharge under honorable conditions with an honorable or general discharge as warranted by the respondent's military record.

(6) Set aside the findings and recommendations and refer the case to a new board if there is legal prejudice to the substantial rights of the respondent. No member of the new board shall have served on a prior board which considered the same matter. The record of the proceedings of the earlier board, minus the findings, recommendations, and prejudicial matter, may be furnished the successor board. The Chief of Naval Personnel may not approve findings or recommendations less 'avorable to the respondent than those rendered by the previous board. (b) In reviewing cases of individuals recommended for discharge, the Chief of Naval Personnel will in appropriate cases authorize probation. If it is the decision of the Chief of Naval Personnel that the individual be retained in the service on a probationary basis, then the commanding officer will be advised as to the terms of the probation. A discharge other than the type specified will not be given the probationer unless his case is reprocessed under the provisions of this subpart which govern discharge by reason of unsuitability, unfitness, or misconduct, as applicable, and such discharge is directed by the Chief of Naval Personnel. In all cases wherein a discharge, after probation has been granted by the Chief of Naval Personnel, is executed, the Chief of Naval

Personnel will be advised by speedletter as to the reason.

[31 FR 10192, July 28, 1966]

§ 730.16 General provisions and restrictions relating to enlisted separations. (a) Effective time of discharge. Subject to any law providing otherwise, the discharge of an enlisted person on active duty, regardless of the reason for separation, takes effect upon delivery of the discharge certificate. In the case of a person discharged while absent without authority or in civil confinement, constructive delivery of the discharge certificate is accomplished at the time it is signed by proper authority. If a discharge is effected as a result of a person's immediate entry in the same or any other component of the Armed Forces in the same or any other status, the discharge will, for administrative purposes, be dated as of the date preceding such entry or re-entry.

(b) Effective time of release to inactive duty. Subject to any law providing otherwise, the release to inactive duty of a Reservist who was called to active duty as a Reservist takes effect at the actual time of his arrival home or at the expiration of his authorized travel time, whichever is earlier. The release to inactive duty of members of the Regular Navy transferred to the Naval Reserve and concurrently released to inactive duty takes effect upon delivery of the separation documents.

NOTE: When a discharged member is seriously injured while returning home and is taken to a Navy hospital, he may be eligible for hospitalization and other benefits from the Veterans Administration and should be advised to file an appropriate claim with that agency.

(c) Civilian clothing. An enlisted member who is discharged by reason of unsuitability, security, unfitness, or misconduct with an honorable or general discharge or who is discharged for any reason with a dishonorable, bad conduct, or undesirable discharge shall surrender the outer garments and distinctive parts of the uniform which are in the member's possession at time of discharge. When the items of clothing authorized to be retained by the dischargee are insufficient to provide

the dischargee with one outfit of civilian clothing suitable for wearing home, necessary items of civilian clothing may be issued at no cost to the dischargee to augment the retained clothing. These clothes shall be furnished without regard to the state of member's accounts or amount of personal funds in the member's possession. However, no extra items of clothing such as a spare shirt or socks and no accessories such as an umbrella or luggage may be issued to the dischargee. The items procured for issuance must be moderately priced but need not be the lowest quality available. Members transferred prior to the actual execution of the discharge shall take all their uniforms with them to the place to which transferred. Issuance of the outfit of civilian clothing under this paragraph is subject to the following exceptions:

(1) The clothing may be issued to a person discharged in absentia pursuant to article C-10201 (6) of the Bureau of Naval Personnel Manual only if he requests the clothing, and all conditions set forth in the first two sentences of this paragraph are met.

(2) The clothing is not to be issued to a person who is discharged while on leave granted in accordance with current instructions (see Secretary of the Navy Instruction 1050.3 (§ 719.206 of this chapter) or revisions thereof) to await completion of appellate review of a court-martial sentence which includes punitive discharge.

(For detailed instructions regarding issuance of civilian clothing, its cost, and recovery of uniforms of dischargees, see Bureau of Supplies and Accounts Manual, paragraph 25940.)

(d) Wearing of uniform after discharge. Enlisted personnel discharged with an honorable or general discharge (except those discharged by reason of unsuitability, security, unfitness, or misconduct), are entitled to retain their uniforms and may within 3 months after discharge wear them from place of discharge to their homes, except that persons who have served less than 6 months on active duty subsequent to last authorization of an initial clothing allowance, unless discharged to accept a direct commission or appointment as an officer or

warrant officer, are entitled to retain only one complete uniform appropriate to the season. The 3-month period relates to the period between the date of discharge and the date of the person's arrival home, and does not permit the wearing of the uniform after arrival home, even though the 3month period has not expired. Enlisted personnel discharged to accept a commission or appointment as an officer or warrant officer may retain all clothing in their possession.

(e) Cash allowance. An enlisted person who is discharged for any reason with a dishonorable, bad conduct, or undesirable discharge and who would be otherwise without funds to meet his immediate needs shall, upon discharge, be paid a sum not to exceed $25 or such portion thereof as will, together with other funds available to the individual concerned, total $25. The cash allowance is not payable to a member who is discharged while on leave granted in accordance with current instructions (see Secretary of the Navy Instruction (§ 719.206 of this chapter) or revisions thereof) to await completion of appellate review of a court-martial sentence which includes punitive discharge.

(f) Not recommended for reenlistment. Every enlisted person discharged who is not recommended for reenlistment shall be informed orally that fraudulent enlistment in any branch of the service undoubtedly will be detected by fingerprints, and that if concealment of previous service and discharge results in reenlistment that person will be subject to disciplinary action.

(g) Information concerning the Honorable Discharge Button. Information concerning the Honorable Discharge Button is set forth in article B-2107 of the Bureau of Naval Personnel Manual.

(h) Information concerning recoupment of reenlistment bonus. Information concerning recoupment of reenlistment bonus is set forth in article A-4204 of the Bureau of Naval Personnel Manual.

[29 FR 18287, Dec. 24, 1964]

§ 730.17 Cancellation of illegal enlistments.

(a) A legal enlistment may not be canceled. An illegal enlistment must be canceled. Illegal enlistments include those entered into when the enlisted person is:

(1) Intoxicated; (2) Insane;

(3) A deserter from the military or naval forces of the United States in time of war (except such deserters as may be enlisted upon permission of competent naval authority thereunto authorized by the Secretary of the Navy).

(b) All cases of apparent illegal enlistment shall be reported immediately to the Chief of Naval Personnel. After confirmation of the facts, the Chief of Naval Personnel will direct the action to be taken and the disposition of the person concerned.

[24 FR 7452, Sept. 16, 1959]

§ 730.18 Conscientious objectors.

(a) Conscientious objectors are persons who by reason of religious training and belief have a firm, fixed, and sincere objection to participation in war in any form or the bearing of arms. No vested right exists for any member to be discharged from the Regular Navy or Naval Reserve at his own request, even for conscientious objection, before the expiration of his term of service, whether he is serving voluntarily or involuntarily. Administrative discharge prior to the completion of an obligated term of service will be effected only with the approval of the Chief of Naval Personnel.

(b) After entering naval service, a request for discharge based solely on conscientious objection which existed but was not claimed prior to induction or enlistment shall not be considered if such beliefs satisfied the requirements for classification as a conscientious objector pursuant to section 6(j) of the Universal Military Training and Service Act, as amended (50 U.S.C. App. 456) and related provisions of law, and the member failed to request classification as a conscientious objector by the Selective Service System (SSS), or if his request for classification as a conscientious objector before

entering military service was denied on the merits by the SSS and his present request for classification as a conscientious objector is based on essentially the same grounds, or supported by essentially the same evidence, as the request which was denied by the SSS. Claims growing out of the experiences prior to entering military service but which did not become fixed until after entry into the service will be considered.

(1) The following definitions will apply and, unless otherwise specified, the term "conscientious objector" includes both 1-0 and 1-A-O conscientious objector classifications:

(i) A class 1-O conscientious objector is a person who by reason of conscientious objection, sincerely objects to participation of any kind in war in any form.

(ii) A class 1-A-O conscientious objector is a person 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.

(2) Religious training and belief does not limit beliefs to traditional religious convictions. Belief in an external power or being, or deeply held moral or ethical belief, to which all else is subordinate or upon which all else is ultimately dependent, and which has the power or force to affect moral well-being also qualifies. The external power or being need not be deity in the conventional usage, but may be a sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by God in the usual sense, or, in the case of deeply held moral or ethical beliefs, a belief held with the strength and devotion of a traditional religious conviction. The term "religious training and belief" may include solely moral or ethical beliefs even though the applicant himself may not characterize these beliefs as "religious" in the traditional sense, or may expressly characterize them as not religious. The term "religious training and belief" does not include a belief which rests solely upon consideration of policy, pragmatism, expediency, or political views.

(3) Noncombatant service or noncombatant duties (1-A-O) (used interchangeably herein) include service as follows:

(i) Service in any unit of the Armed Forces which is unarmed at all times. (ii) Service in the medical department of any of the Armed Forces, wherever performed.

(iii) Any other assignment the primary function of which does not require the use of arms in combat provided that such other assignment is acceptable to the member concerned and does not require him to bear arms or to be trained in their use.

(iv) Service aboard an armed ship or aircraft or in a combat zone provided the member concerned is not personally and directly involved in the operation of weapons.

(4) Noncombatant training is any training which is not concerned with the study, use, or handling of arms or weapons.

(c) A request for discharge or assignment to noncombatant duties on the grounds of conscientious objection will be handled on an individual basis, with final determination made by the Chief of Naval Personnel. If separation is deemed warranted, the type of discharge will be determined by the member's military record, the standards set forth in DOD Directive 1332.14,1 and the procedural guidelines outlined below.

(d) There are no provisions for a member of the Navy to influence his change of station or active duty orders by submission of a request for designation or discharge as a conscientious objector. When a member on active or inactive duty submits a request for such designation or discharge, he shall be required to comply with active duty or transfer orders in effect at that time or subsequently received. Authorization for transfer of a member from his duty station solely because he has submitted such an application will not be granted.

(e) In evaluating requests for discharge based on conscientious objection, great care shall be exercised to assure the sincerity of the claim and that clear and concise discharge proce

'Filed as part of the original document.

dures are followed to preclude inviting or permitting abuse by unscrupulous members who may seek to avoid all obligations on the grounds of moral, ethical or religious beliefs. The procedures which shall be followed with respect to members who claim to be conscientious objectors are:

(1) A member enlisted or inducted into the naval service who claims to be a conscientious objector and states that he was so classified by his local board but his records do not so indicate, or claims he was erroneously denied SSS classification as a conscientious objector, or states he was denied a procedural right in his classification by the SSS shall be employed only in duties which involve the minimum practicable conflict with his asserted beliefs pending investigation and decision on the case. A statement shall be obtained from the member concerned and immediately forwarded with the commanding officer's comment to the Chief of Naval Personnel for referral to the National Headquarters, Selective Service System, for investigation.

(i) When it is determined that the member should have been classified as 1-0 or 1-A-O but inadvertently was not so classified, the records will be corrected and the commanding officer will be directed to correct his records accordingly. Further disposition of the member will be directed by the Chief of Naval Personnel in accordance with the procedures set forth below.

(ii) When it is determined that no change in classification is warranted, the member will be notified to this effect by the Chief of Naval Personnel.

(2) A member who has served a portion of his minimum required (obligated) service and who requests discharge or noncombatant service for conscientious objection shall, to the extent practicable, be employed in duties which involve the minimum conflict with his asserted beliefs pending a decision on his case. Assignment to such duties should commence as soon as practicable after the commanding officer has received an application in writing in the format and containing the information specified below. Applications shall not be submitted on pre

printed forms but shall contain the
following information identified by
corresponding paragraph numbers:
(i) Date of application.

(ii) Full name of applicant.
(iii) Social Security number.
(iv) Selective Service number.
(v) Service address.

(vi) Permanent home address.

(vii) Name and address of each school and college attended after age 16 together with the dates of attendance and the type of school (public, church, military, commercial, etc.).

(viii) Chronological list of all compensated and uncompensated occupations, positions, jobs, or types of work engaged in after age 16, except while a student in school or college. Include the type of work, name and address of employer, and the inclusive dates for each.

(ix) All former residences after age 16 including dates and addresses.

(x) Each parent's name, present address, and whether living or deceased. (xi) The religious denomination or sect of spouse and/or each parent.

(xii) Whether application was made to the Selective Service System (Local Board) for classification as a conscientious objector prior to entry into the Armed Forces. If yes, state which local board and what decision was made by the Board, if known.

(xiii) When the applicant has served less than 180 days in the naval service, state whether he is willing to perform work under the Selective Service civilian work program for conscientious objectors if discharged as a conscientious objector and whether he consents to the issuance of an order for such work by his local Selective Service Board.

(xiv) A thorough description of the nature of the belief which requires the applicant to seek separation from the military service or assignment to noncombatant training and duty for reasons of conscience.

(xv) An explanation of how the applicant's beliefs have changed or developed, including an explanation of what factors (how, when, from whom, or from what source training was received and the beliefs acquired) caused the change in or development of conscientious objection beliefs.

(xvi) An explanation of when and why these beliefs became incompatible with military service.

(xvii) An explanation of the circumstances, if any, under which the applicant believes in the use of force under any foreseeable circumstances.

(xviii) An explanation of how the applicant's daily life style has changed as a result of his beliefs and what future actions he plans to continue to support his beliefs.

(xix) An explanation of what, in the applicant's opinion, most conspicuously demonstrates the consistency and depth of his beliefs which gave rise to this application.

(xx) Whether the applicant has ever been a member of any military organization or establishment before entering upon his present term of service. If yes, state the name and address of such organization together with reasons why he became a member.

(xxi) Whether the applicant is a member of a religious sect or organization. If yes, include the following:

(a) The name of the sect, and the name and location of its governing body or head, if known.

(b) When, where, and how the applicant became a member of said sect or organization.

(c) The name and location of any church, congregation, or meeting which the applicant customarily attends and the extent of the applicant's active participation therein.

(d) The name, title, and present address of the pastor or leader of such church, congregation, or meeting.

(e) A description of the creed or official statements, if any and if known, of said religious sect or organization in relation to participation in war.

(xxii) A description of the applicant's relationships with and activities in all organizations with which he is or has been affiliated, other than military, political, or labor organizations.

(xxiii) List and attach any additional information, such as letters, references, or official statements of organizations to which the applicant belongs or refers to in his application that he desires to be considered by the authority reviewing his application. The burden is on the applicant to obtain and forward such information.