at no expense to the Government, at the conclusion of the hearing. In the absence of a verbatim record, the investigating officer will summarize the testimony of witnesses and permit the applicant or his counsel to examine the summaries and note for the record their differences with the investigating officer's summary. Copies of statements and other documents received in evidence will be made a part of the hearing record. The investigating officer has the responsibility for authenticating the hearing record. His version is final as to the record of the testimony of the witnesses.

(7) At the conclusion of the investigation, the investigating officer will prepare a written report which will contain the following:

(i) A statement as to whether the applicant appeared, whether he was accompanied by counsel, and, if so, the latter's identity, and whether the nature and purpose of the hearing were explained to the applicant and understood by him.

(ii) Any documents, statements, and other material received during the investigation.

(iii) Summaries of the testimony of the witnesses presented (or a verbatim record of the testimony if such record was made).

(iv) A statement of the investigating officer's conclusion as to the underlying basis of the applicant's conscientious objection and the sincerity of the applicant's beliefs, including his reasons for such conclusions.

(v) The investigating officer's recommendation for disposition of the case, including his reasons therefor (insure compliance with paragraph (d)(7) of this section. The actions recommended will be limited to the following:

(a) Denial of any classification as a conscientious objector; or

(b) Classification as 1-A-O conscientious objector; or

(c) Classification as 1-0 conscientious objector.

(vi) The investigating officer's report, along with the individual's application, all interviews with chaplains or doctors, evidence received as a result of the investigating officer's hearing, and any other items submitted by the applicant in support of his

case will constitute the record. The investigating officer's conclusions and recommended disposition will be based on the entire record and not merely on the evidence produced at the hearings. A copy of the record will be furnished to the applicant at the time it is forwarded to the commander who appointed the investigating officer, and the applicant will be informed that he has the right to submit a rebuttal to the report within 7 days.

(8) The record of the case will be forwarded to the headquarters of the officer who appointed the investigating officer where it shall be reviewed for completeness and legal sufficiency. If necessary, the case may be returned to the investigating officer for further investigation. When the record is complete, the commanding officer who appointed the investigating officer shall forward it with his personal recommendation for disposition and the reasons therefor, through the appropriate chain of command, to the Commandant of the Marine Corps (code DF) for determination of action. Each officer in the chain of command will provide a specific recommendation.

(9) The commanding officer providing the final endorsement will, prior to forwarding the application to the Commandant of the Marine Corps, furnish the applicant a copy of any material he has not seen plus any forwarding endorsements containing recommendations. The applicant will be informed that he has the right to submit a rebuttal to the additional material within 7 days. The applicant's comments will be attached to the report or a statement will be made in the forwarding endorsement that he elected not to comment or did not comment within the allotted 7 days.

(10) A final decision based on the entire record will be made at Headquarters Marine Corps. Any additional information other than the official service record of the applicant considered which is adverse to the applicant, and which the applicant has not had an opportunity to comment upon or refute will be made a part of the record and the applicant shall be given an opportunity to comment upon or refute the material before a final decision is made. The reason for an ad

verse decision will be made a part of the record and will be provided to the individual.

(11) Processing of applications need not be abated by the unauthorized absence of the applicant subsequent to the initiation of the application, or by the institution of disciplinary action or administrative separation proceedings against him. However, an applicant whose request for classification as a conscientious objector has been approved will not be discharged until all disciplinary action has been resolved.

(12) To the extent practicable under the circumstances, during the period applications are being processed and until a decision is made at Headquarters Marine Corps, every effort will be made to assign applicants to duties within the command to which they are assigned which will conflict as little as possible with their asserted beliefs.

(13) If a Marine has made application prior to receiving PCS orders, he will be retained at his command pending final decision of his application. The Commandant of the Marine Corps (code DF) will be notified of this action and commanders will request advice relative to the PCS orders issued. A Marine who desires to apply for conscientious objector status subsequent to receiving PCS orders will comply with the reassignment orders issued.

(14) During the period applications are being processed, applicants will be expected to conform to the normal requirements of the command and perform satisfactorily such duties as they may be assigned. Applicants may be disciplined for violations of the Uniform Code of Military Justice while awaiting action on their applications.

(15) A Marine reservist ordered to involuntary active duty will report as ordered, unless his application for conscientious objector status was made prior to the receipt of notification of his commanding officer's intent to recommend him for involuntary active duty.

(16) A Marine reservist who applies for conscientious objector status subsequent to receiving notification of his commanding officer's intent to recommend him for involuntary active duty

will carry out orders issued and be employed in duties in accordance with provisions of subparagraph (12) of this paragraph.

(f) Classification-(1) Discharge—(i) Applicants requesting discharge who are determined to be 1-0 conscientious objectors by Headquarters Marine Corps will be discharged "For the Convenience of the Government" with an entry in the service record and on the discharge document that the reason for separation is conscientious objection. The type of discharge issued will be governed by the applicant's service record and provisions of this part (MCO P1900.16). The Director of the Selective Service System will be promptly notified of the discharge of those who have served less than 180 days on active duty. Pending separation, the applicant will continue to be assigned duties providing the minimum practicable conflict with his professed beliefs and will be expected to conform to the normal requirements of the command and to perform satisfactorily such duties to which he is assigned. Applicants may be discharged for violations under the Uniform Code of Military Justice while awaiting discharge, in addition to such other disciplinary and/or administrative action as may be deemed appropriate.

(ii) If the Selective Service System advises that induction was in fact erroneous under subparagraph 5d above, the claimant will be separated or assigned to noncombatant duties as he desires. 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, the induction will be considered erroneous and the individual discharged in accordance with this part (MCO P1900.16).

(2) Assignment. (i) Applicants requesting assignment to noncombatant duties who are determined to be class 1-A-O conscientious objectors by Headquarters Marine Corps will be reassigned to noncombatant training duties as indicated below or discharged at the discretion of the Commandant of the Marine Corps. Each applicant

will be required to execute the statement attached as enclosure (1).2

(ii) If the Selective Service System advises that any claim under paragraph (c)(4) of this section is unfounded or makes a final determination adverse to any claim, the claimant will be so informed and returned to full duty.

(iii) Inductees classified as 1-A-O by the Selective Service System will be assigned to regular recruit platoons and will participate in all regular recruit training except that concerning the use or studying of, or handling of, firearms, or weapons. The Commandant of the Marine Corps (code DF) will be notified of inductees so classified, to include the occupational field acceptable to the individual conscientious objector.

(iv) Enlistees who apply for conscientious objector status subsequent to commencement of recruit training will complete the regular recruit training except that concerning the use or studying of, or handling of, firearms or weapons and will list in their application three of the OF's in subdivision (vi) of this subparagraph that are acceptable to them.

(v) During recruit training involving the use and handling of firearms or weapons the inductee/enlistee conscientious objector will receive noncombatant training with other platoons or perform useful work.

(vi) A conscientious objector will not be assigned to individual combat training. Instead, upon completion of recruit training, he will be assigned directly to appropriate basic specialty training or on-the-job training to qualify in an MOS within OF's 01, 04, 15, 25, 30, 31, 32, 33, 34, 35, 40, 41, 46, or 55.

(vii) Subsequent to basic specialty training or on-the-job training, conscientious objectors will be utilized in their MOS's and/or in other duties which are consistent with paragraph (b)(5)(i) of this section. These assignments will be the responsibility of the command to which the conscientious objector is assigned. Nothing in the foregoing will preclude assignment of conscientious objectors to Fleet

2Filed as part of the original document.

Marine Force units, or overseas, or in combat areas.

(viii) The disposition of Marine officers classified as conscientious objectors will be determined at Headquarters Marine Corps.

(3) Marines who are assigned to noncombatant duties, and persons who are assigned to normal military duties by reason of disapproval of their application, will be expected to conform to the normal requirements of the command and to perform satisfactorily such duties to which they are assigned. Violations of the Uniform Code of Military Justice by these members will be treated as in any other situation.

(g) Promotion. Promotion of conscientious objectors is permitted provided they meet all requirements prescribed for their assigned occupational fields and if, in the opinion of the commanding officer, the status of the individual in no way hampers him in the performance of the duties expected of that grade. A Marine's status as a conscientious objector, in itself, will not affect promotion, nor will special provisions in existing promotion procedures be established.

[37 FR 19128, Sept. 19, 1972]

GENERAL INSTRUCTIONS RELATING TO DISCHARGES

SOURCE: 26 FR 9539, Oct. 10, 1961, unless otherwise noted.

§ 730.100 Time and place of discharge.

(a) A regular or reservist stationed within the continental limits of the United States will be discharged from the Marine Corps at the duty station to which assigned at the time he becomes eligible for such discharge.

(b) Prior to expiration of enlistment or expiration of any extension of enlistment or when separation from active duty for any other reason is authorized, Marines serving on foreign shore and at sea, including such times as a ship may be in a United States port, who do not desire or are not eligible to reenlist or extend their enlistment will be transferred by the field commander concerned or commander of Marine Detachment Afloat to the Marine Corps activity nearest a port

of entry within the continental United States except as provided in paragraph (c) of this section. Transfer will be effected to ensure arrival not later than 10 days prior to the effective date of discharge or release. Provisions concerning assignment to sea and foreign service are contained in paragraph 4110 of the Marine Corps Personnel Manual.

(c) Enlisted personnel who are eligible for separation, and who are entitled to elect transportation to a destination outside the continental United States, shall be transferred to the Marine Corps activity nearest their destination. Such transfer will be made in accordance with current directives and in sufficient time to allow those persons to arrive not later than 10 days prior to the effective date of separation.

(d) Enlisted personnel becoming eligible to be separated under honorable conditions while serving outside the United States or its territories or possessions, in other than belligerent countries may, at their own request, be separated at their duty stations. Personnel shall indicate their election by executing on page 11 of the service record a request to be so separated. Such separation in the case of enlisted women becoming eligible to be separated by reason of pregnancy is contingent upon the individual having established residence in the area in which the duty station is located or being married to a person who has such a residence.

(1) Individuals desiring separation in a foreign country whether for the purpose of traveling or residing in a foreign area after separation from the service shall, at a time substantially prior to the normal date of separation, make application for a passport in accordance with current directives and for permission to remain in the foreign country or its possessions. These applications should be accompanied by statements from the commander relative to the date the person will be eligible for separation under honorable conditions.

(2) In the case of enlisted personnel, the commander shall, prior to separation of the individual ascertain that he will be issued a passport and has been

or will be granted permission to remain in the foreign area. In this connection, the commander may accept a written statement from the appropriate consular or diplomatic representative to the effect that the individual concerned has applied for a passport and that it appears that he is eligible to receive a passport upon his separation from the service. In general, a consular or diplomatic representative will be in a position to make this latter statement upon receipt of proper proof of the individual's claim to United States citizenship or nationality. Permission to travel or reside in a foreign country may be substantiated by a written statement from the foreign government concerned that the individual has been granted or it is anticipated that he will be granted permission to remain in the foreign area in question.

(3) Officer personnel will submit requests to be separated on foreign station to the Commandant of the Marine Corps (Code DF). Contained in their request shall be a statement that application has been made for a passport and indications are that such passport will be granted upon separation. In addition, the request shall include a statement that permission to remain in the foreign area has been or will be obtained.

§ 730.101

Effective time of separation.

(a) A discharge takes effect upon delivery of the discharge certificate. The release to inactive duty of members of the Regular Marine Corps who are transferred to the Marine Corps Reserve and concurrently released to inactive duty takes effect upon delivery of the separation document.

(b) In cases where discharge has been authorized or directed and the individual is unavailable due to his unauthorized absence or confinement in a civilian jail, prison, or institution and personal delivery of the certificate is not possible or feasible, the discharge will be effected on the date shown on the discharge certificate.

(c) Title 38, U.S. Code, section 106(c), provides that, for the purpose of entitlement to benefits administered by the Veterans' Administration,

Chapter VI-Department of the Navy

an individual discharged or released from a period of active duty shall be deemed to have continued on active duty during that period of time immediately following the date of such discharge or release from such duty determined in accordance with current regulations to be required for him to proceed to his home by the most direct route, and in any event, until midnight of the date of such discharge or release. If a discharged member is injured while returning home and requires hospitalization, he may be eligible for benefits from the Veterans' Administration and should be advised to file an appropriate claim with that agency.

(d) If discharge is being effected as a result of immediate entry or reentry into any component of the Armed Forces, the discharge will be dated as of the date preceding such entry or reentry.

(e) The release from active duty of a reservist who was assigned to active duty as a reservist is effective at the expiration of authorized travel time. The discharge of a reservist as the result of expiration of enlistment or fulfillment of service obligation will be effective on the date shown on the discharge certificate.

(f) When the date of discharge is not indicated, administrative discharges will be effected at the earliest practicable date and normally not later than 5 working days from the time of receipt of the discharge order by the command concerned.

(g) Discharge certificates and final pay or a substantial portion thereof will be prepared and ready for delivery to the Marine concerned upon the date of discharge or release from active duty.

(1) Delivery of discharge certificates will be made on the date of discharge to those Marines who have indicated that they do not desire to extend or reenlist.

(2) Marines who desire to extend or reenlist will be required to execute their enlistment contracts or extensions of enlistment on the dates their current enlistment contracts expire, or prior thereto, to be effective on the date next succeeeding the date of discharge or expiration of enlistment.

$730.102

Delivery of the discharge certificate will be accomplished on a date subsequent to the date of discharge.

(3) Commanders are authorized to effect discharge, or to order a reservist home for release from active duty, as appropriate on the last working day preceding a Saturday, Sunday, or holiday when the normal expiration of enlistment or date of detachment from the command in the case of a reservist falls on one of those days providing the individual Marine concerned consents in writing. The reason for discharge will be for convenience of the Government. Paragraphs 13261.1a and 13301.7c of the Marine Corps Personnel Manual (§§ 730.61(a)(1) and this paragraph) will be cited as authority. Personnel desiring to reenlist immediately will not be discharged early under this paragraph. The following statement of consent will be entered on page 11 of the service record and signed by the Marine concerned:

in

I hereby consent to be (discharged) (detached from my command) on lieu of my normal date of (expiration of enlistment) (detachment) on I un

derstand that entitlement to pay and allowances and credit for active Federal service ceases on the actual date of my separation from active service.

The following instructions are applicable to personnel discharged or released early under authority contained in this subparagraph.

(i) Personnel shall be considered eligible for the Good Conduct Award in all instances where eligibility therefor would have been established through normal expiration of obligated active service.

(ii) Recoupment of reenlistment bonus will not be made.

(iii) In the event of future recall, personnel will be considered in the same status as those who have completed their enlistments or periods of extended active duty.

[26 FR 9539, Oct. 10, 1961, as amended at 31 FR 16404, Dec. 23, 1966]

§ 730.102 Categories for discharge at duty stations within the United States.

(a) Commanders will process and discharge, at their present stations, all enlisted personnel eligible for dis