Reclaiming the In-Service Conscientious Objection Program: Proposals for Creating a Meaningful Limitation to the Claim of Conscientious Objection

摘要

The conscientious objection exemption to involuntary military service is an important tradition in the United States, but the governing military regulations have resulted in judicial interpretation that has expanded it far beyond its original scope. This expansion adversely affects the U.S. military primarily in two ways. First, heightened judicial scrutiny of the government's decisions concerning in-service conscientious objection applications has the effect of severely limiting discretionary authority in this specific type of personnel action. This scrutiny results in the alienation of applicant servicemembers and commanders from the conscientious objection procedural process. Second, the expansion of the conscientious objection military regulations created an extremely vague standard that is difficult to apply.