Military Personnel
Number of Formally Reported Applications for Conscientious Objectors Is Small Relative to the Total Size of the Armed Forces Gao ID: GAO-07-1196 September 28, 2007Section 587 of the John Warner National Defense Authorization Act for Fiscal Year 2007 required GAO to address (1) the trends in the number of conscientious objector applications for the active and reserve components during calendar years 2002 through 2006; (2) how each component administers its process for evaluating conscientious objector applications; and (3) whether, upon discharge, conscientious objectors are eligible for the same benefits as other former servicemembers. GAO's review included the Coast Guard components. GAO compiled numbers of applications based on data provided by the Armed Forces. However, these numbers do not include the numbers of applications that are not formally reported to the components' headquarters. Also, the Defense Manpower Data Center does not maintain separate data on numbers of applications for conscientious objector status; it does maintain data on reasons for separation. GAO used these data to help assess the reasonableness of the component-provided data and to compile demographic data.
During calendar years 2002 through 2006, the active and reserve components reported processing 425 applications for conscientious objector status. This number is small relative to the Armed Forces' total force of approximately 2.3 million servicemembers. Of the 425 applications the components reported processing, 224 (53 percent) were approved; 188 (44 percent) were denied; and 13 (3 percent) were pending, withdrawn, closed, or no information was provided. Each component considers applications from servicemembers who wish to be classified as conscientious objectors. Each component's process is essentially the same, taking an average of about 7 months to process an application. After the servicemember submits an application, arrangements are made for a military chaplain and a psychiatrist to interview the applicant. An investigating officer holds a hearing and prepares a report. An authorized official or board makes the final decision and informs the commanding officer, who informs the applicant that he or she has or has not met the burden of proof necessary to establish the claim. Officials from all the components stated that they attempt to temporarily reassign applicants to noncombatant duties while their applications are pending. Conscientious objector status is not considered when determining eligibility for benefits; the primary determinant is the type of discharge--honorable or under honorable conditions (general). Of those 224 servicemembers whose applications were approved for conscientious objector status, 207 received honorable discharges, 14 received general discharges, and information on the remaining 3 was not available. In addition to the characterization of discharge, a servicemember may have to meet other eligibility requirements--including years of service--to receive certain Veterans Affairs benefits.
GAO-07-1196, Military Personnel: Number of Formally Reported Applications for Conscientious Objectors Is Small Relative to the Total Size of the Armed Forces
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Report to Congressional Committees:
United States Government Accountability Office:
GAO:
September 2007:
Military Personnel:
Number of Formally Reported Applications for Conscientious Objectors Is
Small Relative to the Total Size of the Armed Forces:
Military Personnel:
GAO-07-1196:
GAO Highlights:
Highlights of GAO-07-1196, a report to congressional committees.
Why GAO Did This Study:
Section 587 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 required GAO to address (1) the trends in the number
of conscientious objector applications for the active and reserve
components during calendar years 2002 through 2006; (2) how each
component administers its process for evaluating conscientious objector
applications; and (3) whether, upon discharge, conscientious objectors
are eligible for the same benefits as other former servicemembers.
GAO‘s review included the Coast Guard components. GAO compiled numbers
of applications based on data provided by the Armed Forces. However,
these numbers do not include the numbers of applications that are not
formally reported to the components‘ headquarters. Also, the Defense
Manpower Data Center does not maintain separate data on numbers of
applications for conscientious objector status; it does maintain data
on reasons for separation. GAO used these data to help assess the
reasonableness of the component-provided data and to compile
demographic data.
What GAO Found:
During calendar years 2002 through 2006, the active and reserve
components reported processing 425 applications for conscientious
objector status. This number is small relative to the Armed Forces‘
total force of approximately 2.3 million servicemembers. Of the 425
applications the components reported processing, 224 (53 percent) were
approved; 188 (44 percent) were denied; and 13 (3 percent) were
pending, withdrawn, closed, or no information was provided.
Table: Number of Conscientious Objector Applications Reported, Calendar
Years 2002-2003:
Component: Army;
2002: 25;
2003: 47;
2004: 53;
2005: 33;
2006: 23;
Total: 181.
Component: Army Reserve;
2002: 2;
2003: 8;
2004: 14;
2005: 9;
2006: 3;
Total: 36.
Component: Army National Guard;
2002: 1;
2003: 7;
2004: 11;
2005: 7;
2006: 0;
Total: 26.
Component: Navy;
2002: 8;
2003: 2;
2004: 3;
2005: 9;
2006: 9;
Total: 31.
Component: Navy Reserve[A];
2002: 0;
2003: 0;
2004: 0;
2005: 0;
2006: 0;
Total: 0.
Component: Air Force;
2002: 2;
2003: 15;
2004: 10;
2005: 12;
2006: 6;
Total: 45.
Component: Air Force Reserve;
2002: 1;
2003: 2;
2004: 1;
2005: 0;
2006: 0;
Total: 4.
Component: Air National Guard;
2002: 1;
2003: 1;
2004: 0;
2005: 1;
2006: 2;
Total: 5.
Component: Marine Corps;
2002: 8;
2003: 8;
2004: 11;
2005: 6;
2006: 10;
Total: 43.
Component: Marine Corps Reserve; 2002: 7;
2003: 21;
2004: 14;
2005: 5;
2006: 3;
Total: 50.
Component: Coast Guard;
2002: 1;
2003: 1;
2004: 1;
2005: 0;
2006: 0;
Total: 3.
Component: Coast Guard Reserve;
2002: 0;
2003: 1;
2004: 0;
2005: 0;
2006: 0;
Total: 1.
Total;
2002: 56;
2003: 113;
2004: 118;
2005: 82;
2006: 56;
Total: 425.
Sources: GAO analysis of components' data.
[A] The Navy Reserve reported no applications during this period.
[End of table]
Each component considers applications from servicemembers who wish to
be classified as conscientious objectors. Each component‘s process is
essentially the same, taking an average of about 7 months to process an
application. After the servicemember submits an application,
arrangements are made for a military chaplain and a psychiatrist to
interview the applicant. An investigating officer holds a hearing and
prepares a report. An authorized official or board makes the final
decision and informs the commanding officer, who informs the applicant
that he or she has or has not met the burden of proof necessary to
establish the claim. Officials from all the components stated that they
attempt to temporarily reassign applicants to noncombatant duties while
their applications are pending.
Conscientious objector status is not considered when determining
eligibility for benefits; the primary determinant is the type of
discharge”honorable or under honorable conditions (general). Of those
224 servicemembers whose applications were approved for conscientious
objector status, 207 received honorable discharges, 14 received general
discharges, and information on the remaining 3 was not available. In
addition to the characterization of discharge, a servicemember may have
to meet other eligibility requirements”including years of service”to
receive certain Veterans Affairs benefits.
What GAO Recommends:
GAO is not making any recommendations in this report. The Departments
of Defense, Homeland Security, and Veterans Affairs were provided a
draft of this report and had no comments.
To view the full product, including the scope
and methodology, click on GAO-07-1196.
For more information, contact Brenda Farrell at (202) 512-3604 or
farrellb@gao.gov
[End of section]
Contents:
Letter:
Results in Brief:
Background:
The Number of Applications for Conscientious Objection Was Small:
Conscientious Objector Application Process Is Consistent Across
Components:
Conscientious Objectors May Receive the Same Benefits as Other
Discharged Servicemembers:
Agency Comments:
Appendix I: Demographic Information on Known Applicants for
Conscientious Objector Status, Calendar Years 2002-2006:
Appendix II: Scope and Methodology:
Appendix III: Data on Active Components' Servicemembers Separated as
Conscientious Objectors, Calendar Years 1994-2006:
Appendix IV: GAO Contact and Staff Acknowledgments:
Tables:
Table 1: Number of Conscientious Objector Applications Reported,
Calendar Years 2002-2006:
Table 2: Number of Reported Applications That Were Approved and Denied,
Calendar Years 2002-2006:
Table 3: Average Days to Process Reported Applications for
Conscientious Objector Status, Calendar Years 2002-2006:
Table 4: Benefits Available to Veterans:
Table 5: Number of Reported Servicemembers Discharged with
Conscientious Objector Status Granted Honorable or General Discharges
by Component, Calendar Years 2002-2006:
Table 6: Gender and Rank of Applicants for Conscientious Objector
Status, Calendar Years 2002-2006:
Table 7: Age of Applicants for Conscientious Objector Status, Calendar
Years 2002-2006:
Table 8: Years of Service of Applicants for Conscientious Objector
Status for Calendar Years 2002-2006:
Table 9: Applicants for Conscientious Objector Status Who Served in
ONE, OEF, or OIF, Calendar Years 2002-2006:
Table 10: List of Organizations Contacted to Obtain Information on
Conscientious Objectors:
Figures:
Figure 1: VA's Organizational Hierarchy:
Figure 2: Overview of the Eight Steps in the Process for Determining
Conscientious Objector Status:
Figure 3: Servicemembers Discharged as Conscientious Objectors,
Calendar Years 1994-2006:
Abbreviations:
DMDC: Defense Manpower Data Center:
DOD: Department of Defense:
OEF: Operation Enduring Freedom:
OIF: Operation Iraqi Freedom:
ONE: Operation Noble Eagle:
VA: Department of Veterans Affairs:
United States Government Accountability Office:
Washington, DC 20548:
September 28, 2007:
Congressional Committees:
After the adoption of an all-volunteer force in 1973, the United States
no longer drafted individuals for its military force. Before this
change, individuals could apply for conscientious objector status and,
if approved, be exempted from the draft. Servicemembers in today's all-
volunteer force--which is comprised of approximately 2.3 million active
and reserve[Footnote 1] members, including the Coast Guard--can also
apply for conscientious objector status and, if approved, either leave
the military before the end of their service obligations or be
reassigned to noncombatant duties. Although recruits are asked on
entrance applications if they oppose war, the U.S. Armed
Forces'[Footnote 2] conscientious objector policies[Footnote 3]
recognize that servicemembers' religious, ethical, or moral beliefs can
change over time and lead to conscientious objection to war. For
example, after joining the military, a servicemember might convert to a
religion that opposes war or have other life-altering experiences
(e.g., exposure to combat or the death of a family member) that change
the servicemember's religious, ethical, or moral beliefs. Therefore,
the Armed Forces have policies and procedures in place to consider
applications from servicemembers who wish to be classified as
conscientious objectors.
The John Warner National Defense Authorization Act for Fiscal Year
2007[Footnote 4] directed us to review the Armed Forces' conscientious
objector process. Specifically, we addressed (1) the trends in the
number of servicemembers applying for conscientious objector status
during calendar years 2002 through 2006; (2) how each component of the
U.S. Armed Forces administers its process for approving or denying
conscientious objector applications; and (3) whether conscientious
objectors are eligible to receive the same benefits that other
servicemembers are eligible to receive after they are discharged from
the military. In addition to the mandate, as agreed with your offices,
we are providing demographic information on servicemembers who
separated as conscientious objectors between calendar years 2002 and
2006. This demographic information is presented in appendix I.
To address the first objective--to report on trends in the numbers of
applications for conscientious objector status--we used data provided
by each component for calendar years 2002 through 2006. We did not
report on data between September 11, 2001, and December 31, 2001, as
directed in the mandate, because several of the components did not have
these data available or believed the data to be unreliable. The Defense
Manpower Data Center (DMDC) does not maintain information on
applications for conscientious objector status but does maintain
information on separations. We obtained personnel information on
separations for conscientious objectors from DMDC because it maintains
data for all of the Armed Forces, including the Coast Guard, dating
back to the early 1970s. To assess the reliability of the conscientious
objector applications and separations data we received from the
components and DMDC, we (1) performed electronic testing; (2) compared
data provided by the components with data provided by DMDC to assess
their reasonableness; (3) reviewed information about the systems that
produced the data; and (4) interviewed component and DMDC officials to
identify known problems or limitations in the data and to understand
how DMDC receives and processes data from the components. When we found
discrepancies, we worked with the component or DMDC to understand why
the discrepancies had occurred and to gather the most complete data
possible. We found limitations with the consistency and completeness of
the data that could result in a possible understatement of the number
of applications, but we believe that the data are sufficiently reliable
to demonstrate overall trends in the numbers of applications,
approvals, and denials for applications submitted for conscientious
objector status during calendar years 2002 through 2006. However, the
numbers of applications maintained by the components do not include
those applications that did not get formally reported to the
components' headquarters. To address the second objective, we analyzed
each component's regulation to identify its processes for reviewing
conscientious objector applications. For the third objective, we
reviewed relevant documentation about veterans' benefits, such as the
Department of Veterans Affairs' (VA) guidance and benefits
booklet.[Footnote 5] To address all three objectives, we interviewed
knowledgeable officials--including those responsible for the
conscientious objector process and its guidance and regulations--from
the Office of the Under Secretary of Defense (Personnel and Readiness),
DMDC, and each of the military services and their reserve components
within the Department of Defense (DOD); from the Coast Guard within the
Department of Homeland Security; and from the VA.[Footnote 6] To obtain
demographic information on applicants for conscientious objector
status, we provided DMDC with applications data provided by the
components; DMDC then matched this information to personnel data it
maintains. A more thorough description of our scope and methodology is
provided in appendix II.
We conducted our audit work between November 2006 and August 2007 in
accordance with generally accepted government auditing standards.
Results in Brief:
For calendar years 2002 through 2006, the active and reserve military
components reported processing 425 applications for conscientious
objector status. Despite the possible understatement in the number of
applications for conscientious objector status provided by the
components, this number is small relative to the Armed Force's total
force of approximately 2.3 million servicemembers. Of the 425
applications the components reported processing during 2002 through
2006, 224 (53 percent) were approved; 188 (44 percent) were denied; and
13 (3 percent) were pending, withdrawn, closed, or no information was
provided.
All the components follow the same basic steps to administer their
conscientious objector application processes:
* The servicemember submits an application for conscientious objector
status.
* The commanding officer or authorized official assigns a military
chaplain and a psychiatrist to conduct required interviews.
* The applicant's commanding officer appoints an investigating officer.
* The investigating officer holds an informal hearing.
* The investigating officer prepares a report, including a
recommendation to approve or deny the application.
* The commanding officer reviews the record and makes a recommendation
to approve or deny the application.
* An authorized official or board makes the final decision and informs
the commanding officer.
* The commanding officer or authorized official informs the applicant
of the final decision.
Officials from each of the components said that an attempt is made to
reassign applicants to noncombatant duties while their applications are
pending. On average, the components took about 7 months to process an
application for a servicemember requesting conscientious objector
status. The Air Force Reserve's process typically took the longest, at
an average of nearly a full year (357 days), while the Navy's
processing time averaged about 5 months (160 days). Component officials
said that processing may be prolonged when, for example, an application
must be returned to the applicant for additional information. According
to the components, they inform the applicant of whether or not he or
she met the burden of proof necessary to establish the claim.
According to Veterans Affairs' benefits guidance, depending on the type
of discharge, there are no differences between the benefits that
conscientious objectors are eligible to receive and those that other
servicemembers are eligible to receive when they are discharged from
the military. The type of discharge--honorable or under honorable
conditions (general)--not status as a conscientious objector, is the
primary determinant of the benefits for which the servicemember is
eligible. A servicemember with an honorable discharge may be eligible
to receive all veterans' benefits, including education and training,
health care, and disability compensation. A servicemember with an under
honorable conditions (general) discharge may be eligible to receive all
but Montgomery GI Bill-Active Duty Education and Training benefits. Of
the 224 servicemembers whose applications were approved for
conscientious objector status, 207 (92 percent) received honorable
discharges, 14 (6 percent) received under honorable conditions
(general) discharges, and information on the discharges of the
remaining 3 (1 percent) was not available. In addition to the
characterization of discharge, a servicemember may have to meet other
eligibility requirements--including years of service, period of service
(e.g., during a period of war), or an injury or disease that was
incurred or aggravated during military activity--to receive certain VA
benefits.
DOD, the Department of Homeland Security, and VA were provided a draft
of this report and had no comments on the findings. The Department of
Homeland Security and VA provided technical comments, which were
incorporated as appropriate.
Background:
The Under Secretary of Defense (Personnel and Readiness)--who reports
to the Deputy Secretary of Defense--is responsible for developing the
DOD instruction for the conscientious objector application process and
for monitoring all of the DOD components for compliance with the
departmentwide instruction.[Footnote 7] The Secretaries of the
components, or their designees, are responsible for implementing the
process and for making final decisions on whether to approve or deny
conscientious objector applications. According to Coast Guard
officials, the Coast Guard's Director of Personnel Management is
responsible for overseeing its conscientious objector application
process, including maintaining the instruction. However, the Director
of Human Resources makes the final decision on whether to approve or
disapprove conscientious objector applications.[Footnote 8] The
Director of Personnel Management reports to the Director of Human
Resources and--through the chain of command--to the Commandant of the
Coast Guard.
According to guidance and regulations established by the components, in
order to be granted conscientious objector status, servicemembers must
submit clear and convincing evidence that (1) they are opposed to
participation in any form of war; (2) their opposition is based on
religious, ethical, or moral beliefs; and (3) their beliefs are sincere
and deeply held.[Footnote 9] These regulations do not recognize
selective conscientious objection, that is, opposition to a specific
war or conflict. The components' regulations recognize two categories
of applicants for conscientious objector status. A class 1-O applicant
sincerely objects to all participation in any form of war and is
discharged if the application is approved. A class l-A-O applicant
sincerely objects to participating as a combatant in any form of war
but has convictions that permit military service as a noncombatant.
With the exception of the Army and its reserve components, the
components have the discretion to either reassign an approved class l-
A-O conscientious objector to noncombatant duties--if they are
available--or discharge the servicemember. Army regulation states that
servicemembers approved for 1-A-O status are not eligible for
discharge. These servicemembers continue to serve the remainder of
their contract and, when necessary, they are retrained in an
occupational specialty that does not require them to bear arms.
DMDC, which is a support organization within DOD that reports to the
Under Secretary of Defense (Personnel and Readiness), maintains various
types of data on military personnel, dating back to the early 1970s,
such as separations data on servicemembers discharged as conscientious
objectors. The majority of these data are provided to DMDC by the
military components and are the source for the separations information
now being provided to Congress. DMDC's mission is to deliver timely and
high-quality support to its customers and to ensure that the data it
receives from different sources are consistent, accurate, and
appropriate when used to respond to inquiries. DMDC customers include
DOD organizations such as the Armed Forces, the Office of the Secretary
of Defense, and the Joint Staff, as well as external organizations,
such as Congress. These organizations rely on data supplied by DMDC to
help them in making decisions about the military. DMDC's Active Duty
Military Personnel Transaction File and the Reserve Components Common
Personnel Data System contain information about servicemembers who
separate from the Army, the Navy, the Air Force, the Marine Corps, and
the Coast Guard, and from their reserve components.
The VA is responsible for providing a broad range of federal benefits
and services to veterans and their families, working through the field
facilities of its three major organizations located throughout the
United States:
* The Veterans Health Administration manages and operates VA's medical
care system and administers health care benefits.
* The Veterans Benefits Administration manages and operates VA programs
that provide financial and other forms of assistance to veterans, their
dependents, and their survivors. This organization administers
disability compensation, pension, vocational rehabilitation and
employment, education and training, home loan guaranty, and life
insurance benefits.
* The National Cemetery Administration operates 125 national cemeteries
in the United States and its territories. It also oversees the
operations of 33 soldiers' lots, confederate cemeteries, and monument
sites.
The Board of Veterans' Appeals is a statutory board that makes
decisions on appeals under the authority of the Secretary of
VA.[Footnote 10] Members of the board review benefit claims
determinations made at the field facilities and issue decisions on
appeals. (See fig. 1 for VA's organizational structure.)
Figure 1: VA's Organizational Hierarchy:
[See PDF for image]
Source: GAO analysis of Department of Veterans Affairs data.
[End of figure]
In 1993, we reported that between fiscal years 1988 and 1990, DOD
processed up to 200 applications annually for conscientious objector
status and that about 80 to 85 percent of these applications were
approved.[Footnote 11] During the Persian Gulf War, which was fought in
fiscal year 1991, the number of applications rose to 447, and about 61
percent were approved. We noted in that report that, though the number
of applications more than doubled in fiscal year 1991, it was small
compared to the total number of military personnel, indicating that
conscientious objectors had no measurable impact on the readiness of
the all-volunteer force.
The Number of Applications for Conscientious Objection Was Small:
Despite possible understatement, the numbers of known applications for
conscientious objector status for calendar years 2002 through 2006 were
relatively small compared to the size of the force, which is
approximately 2.3 million servicemembers. (See app. II for a detailed
description of the methods we used to determine data reliability.) Of
the 425 applications for conscientious objector status the components
reported that they processed during this period, 224, or about 53
percent, were approved; 188, or about 44 percent, were denied; and 13,
or about 3 percent, were pending, withdrawn, closed, or no information
was provided. Further, these data show that the overall number of
reported applications for conscientious objector status increased in
2003 and 2004 and then dropped in 2005 and 2006 (see table 1).[Footnote
12]
Table 1: Number of Conscientious Objector Applications Reported,
Calendar Years 2002-2006:
Army;
2002: 25;
2003: 47;
2004: 53;
2005: 33;
2006: 23;
Total: 181.
Army Reserve;
2002: 2;
2003: 8;
2004: 14;
2005: 9;
2006: 3;
Total: 36.
Army National Guard;
2002: 1;
2003: 7;
2004: 11;
2005: 7;
2006: 0;
Total: 26.
Navy;
2002: 8;
2003: 2;
2004: 3;
2005: 9;
2006: 9;
Total: 31.
Navy Reserve[A];
2002: 0;
2003: 0;
2004: 0;
2005: 0;
2006: 0;
Total: 0.
Air Force;
2002: 2;
2003: 15;
2004: 10;
2005: 12;
2006: 6;
Total: 45.
Air Force Reserve;
2002: 1;
2003: 2;
2004: 1;
2005: 0;
2006: 0;
Total: 4.
Air National Guard;
2002: 1;
2003: 1;
2004: 0;
2005: 1;
2006: 2;
Total: 5.
Marine Corps;
2002: 8;
2003: 8;
2004: 11;
2005: 6;
2006: 10;
Total: 43.
Marine Corps Reserve;
2002: 7;
2003: 21;
2004: 14;
2005: 5;
2006: 3;
Total: 50.
Coast Guard;
2002: 1;
2003: 1;
2004: 1;
2005: 0;
2006: 0;
Total: 3.
Coast Guard Reserve;
2002: 0;
2003: 1;
2004: 0;
2005: 0;
2006: 0;
Total: 1.
Total;
2002: 56;
2003: 113;
2004: 118;
2005: 82;
2006: 56;
Total: 425.
Source: GAO analysis of components' data.
Notes: We are not able to provide data on applications between
September 11 and December 31, 2001, because not all of the components
maintained these data.
Applications do not equal the number of applicants because two
servicemembers applied for conscientious objector status twice.
[A] The Navy Reserve reported that it did not receive any conscientious
objector applications for this time period.
[End of table]
DMDC-provided data similarly shows a small number of separations, or
discharges, for conscientious objectors. See appendix III for more
information from the DMDC-provided separations data.
The application approval rate was 55 percent for the Army, 84 percent
for the Navy, 62 percent for the Air Force, 33 percent for the Marine
Corps, and 33 percent for the Coast Guard. The application approval
rate was 44 percent for the Army Reserve, 58 percent for the Army
National Guard, and 44 percent for the Marine Corps Reserve.
Table 2: Number of Reported Applications That Were Approved and Denied,
Calendar Years 2002-2006:
Army;
Approved 1-O: 94;
Approved 1-A-O[A]: 5;
Approved, but application type unknown[B]: 0;
Applications approved: 99;
Denied 1-O: 70;
Denied 1-A-O: 10;
Denied, but application type unknown[B]: 0;
Applications denied: 80;
Applications with missing data[C]: 2;
Total: 181.
Army Reserve;
Approved 1-O: 14;
Approved 1-A-O[A]: 2;
Approved, but application type unknown[B]: 0;
Applications approved: 16;
Denied 1-O: 13;
Denied 1-A-O: 2;
Denied, but application type unknown[B]: 0;
Applications denied: 15;
Applications with missing data[C]: 5;
Total: 36.
Army National Guard;
Approved 1-O: 13;
Approved 1-A-O[A]: 2;
Approved, but application type unknown[B]: 0;
Applications approved: 15;
Denied 1-O: 11;
Denied 1-A-O: 0;
Denied, but application type unknown[B]: 0;
Applications denied: 11;
Applications with missing data[C]: 0;
Total: 26.
Navy;
Approved 1-O: 18;
Approved 1-A-O[A]: 7;
Approved, but application type unknown[B]: 1;
Applications approved: 26;
Denied 1-O: 4;
Denied 1- A-O: 1;
Denied, but application type unknown[B]: 0;
Applications denied: 5;
Applications with missing data[C]: 0;
Total: 31.
Navy Reserve[D];
Approved 1-O: 0;
Approved 1-A-O[A]: 0;
Approved, but application type unknown[B]: 0;
Applications approved: 0;
Denied 1-O: 0;
Denied 1-A-O: 0;
Denied, but application type unknown[B]: 0;
Applications denied: 0;
Applications with missing data[C]: 0;
Total: 0.
Air Force;
Approved 1-O: 27;
Approved 1-A-O[A]: 1;
Approved, but application type unknown[B]: 0;
Applications approved: 28;
Denied 1-O: 17;
Denied 1-A-O: 0;
Denied, but application type unknown[B]: 0;
Applications denied: 17;
Applications with missing data[C]: 0;
Total: 45.
Air Force Reserve;
Approved 1-O: 0;
Approved 1-A-O[A]: 0;
Approved, but application type unknown[B]: 2;
Applications approved: 2;
Denied 1-O: 0;
Denied 1-A-O: 0;
Denied, but application type unknown[B]: 1;
Applications denied: 1;
Applications with missing data[C]: 1;
Total: 4.
Air National Guard;
Approved 1-O: 1;
Approved 1-A-O[A]: 0;
Approved, but application type unknown[B]: 0;
Applications approved: 1;
Denied 1- O: 3;
Denied 1-A-O: 0;
Denied, but application type unknown[B]: 0;
Applications denied: 3;
Applications with missing data[C]: 1;
Total: 5.
Marine Corps;
Approved 1-O: 12;
Approved 1-A-O[A]: 2;
Approved, but application type unknown[B]: 0;
Applications approved: 14;
Denied 1-O: 18;
Denied 1-A-O: 7;
Denied, but application type unknown[B]: 0;
Applications denied: 25;
Applications with missing data[C]: 4;
Total: 43.
Marine Corps Reserve;
Approved 1-O: 20;
Approved 1-A-O[A]: 2;
Approved, but application type unknown[B]: 0;
Applications approved: 22;
Denied 1-O: 25;
Denied 1-A-O: 3;
Denied, but application type unknown[B]: 0;
Applications denied: 28;
Applications with missing data[C]: 0;
Total: 50.
Coast Guard;
Approved 1-O: 1;
Approved 1-A-O[A]: 0;
Approved, but application type unknown[B]: 0;
Applications approved: 1;
Denied 1-O: 1;
Denied 1-A-O: 0;
Denied, but application type unknown[B]: 1;
Applications denied: 2;
Applications with missing data[C]: 0;
Total: 3.
Coast Guard Reserve;
Approved 1-O: 0;
Approved 1-A-O[A]: 0;
Approved, but application type unknown[B]: 0;
Applications approved: 0;
Denied 1- O: 1;
Denied 1-A-O: 0;
Denied, but application type unknown[B]: 0;
Applications denied: 1;
Applications with missing data[C]: 0;
Total: 1.
Total;
Approved 1-O: 200;
Approved 1-A-O[A]: 21;
Approved, but application type unknown[B]: 3;
Applications approved: 224;
Denied 1-O: 163;
Denied 1-A-O: 23;
Denied, but application type unknown[B]: 2;
Applications denied: 188;
Applications with missing data[C]: 13;
Total: 425.
Source: GAO analysis of components' data.
Note: Applications do not equal the number of applicants because two
servicemembers applied for conscientious objector status twice.
[A] Of the 21 servicemembers whose 1-A-O applications were approved, 10
were reassigned to noncombatant duties, and 11 were discharged. Of the
10 who were reassigned, 4 were from the Army, 2 were from the Army
National Guard, 2 were from the Army Reserve, 1 was from the Marine
Corps, and 1 was from the Marine Corps Reserve.
[B] The component did not identify the application type (1-O or 1-A-O).
[C] In these instances, information, such as application type (1-O
versus 1-A-O status), was not provided. These applications were pending
review, withdrawn, or closed at the time of our review.
[D] The Navy Reserve reported that it did not receive any conscientious
objector applications for this time period.
[End of table]
Although there were 188 applications for conscientious objector status,
these applications were submitted by only 186 servicemembers, because
two servicemembers applied twice. Of the 186 servicemembers whose
applications were denied, 114 (about 61 percent) were discharged for
other reasons; 62 (about 33 percent) are still serving in the military
service; and there is no information about the remaining 10 (about 5
percent). Of the 114 servicemembers who were discharged for other
reasons, 33 (about 29 percent) separated after completion of their
service contract; 21 (about 18 percent) were discharged for misconduct;
22 (19 percent) were separated for medical reasons; 22 (about 19
percent) were separated for miscellaneous reasons, including
substandard performance and hardship; and 16 (about 14 percent) did not
have a code designating the reason for the discharge.
Conscientious Objector Application Process Is Consistent Across
Components:
All components of the Armed Forces follow the same basic steps to
administer their conscientious objector application processes.[Footnote
13] Figure 2 illustrates the eight steps in the process.
Figure 2: Overview of the Eight Steps in the Process for Determining
Conscientious Objector Status:
[See PDF for image]
Source: GAO analysis of Armed Forces information.
[End of figure]
As shown in the process flowchart, the components attempt to reassign
an applicant to noncombatant duties while an application is pending.
Officials responsible for the conscientious objector process for each
component said that the commanding officer reassigns the applicant.
While temporarily assigned to noncombatant duties, an applicant must
continue to meet the standards of acceptable conduct and performance of
duties, such as wearing the uniform and following orders. If
noncombatant duties are unavailable, an applicant must continue to
fulfill the duties within the unit. Officials from the active and
reserve components of the Air Force and the Marine Corps stated that,
in the event that an applicant's unit is deployed while the application
is pending, the applicant will not be deployed. In contrast, officials
for the other components said an applicant may deploy with his or her
unit at the discretion of the commanding officer or authorized
official.
We inquired about the extent to which psychiatrists or clinical
psychologists are readily available to interview and evaluate the
mental condition of the applicants. The components' visibility over the
availability of psychiatrists and clinical psychologists varied. Army,
Army National Guard, Army Reserve, Air Force, and Air Force Reserve
officials reported that they were not aware of any difficulties in
obtaining a psychiatric or psychological evaluation. Navy and Marine
Corps officials said that they did not have visibility over this issue
for either their active or reserve components, because responsibility
for obtaining such evaluations resides at the unit level. An Air
National Guard official said that the component has a limited number of
personnel who can conduct such an evaluation and that when one of these
professionals is not available locally, the process may be delayed.
Coast Guard officials said that in remote units in the active and
reserve components where a psychiatrist or clinical psychologist is not
readily available, processing is delayed.
In addition, each component's process includes provisions to allow the
applicant to be (1) represented by legal counsel, (2) given the
opportunity to rebut the evidence in the record before the authorized
official makes a final decision, and (3) given an explanation if the
application is denied.
According to their regulations, all components allow an applicant to
obtain and pay for outside legal counsel. In addition, officials
responsible for the conscientious objector process for the Army, the
Navy, the Navy Reserve, the Air Force, the Air Force Reserve, the
Marine Corps, and the Marine Corps Reserve said that an applicant has
access to free legal advice from these components' legal offices.
Each component provides an applicant with the opportunity to rebut
information included in the record. The applicant submits the rebuttal
prior to the final processing of the application. The time frame to
submit a rebuttal varies among the components and ranges from 5 to 15
days. On the basis of data provided by the components for calendar
years 2002 through 2006, the military services took an average of about
7 months to process an application--this includes the time allowed for
applicants to submit their rebuttals. The Air Force Reserve typically
took the longest amount of time to process an application, at an
average of nearly a full year (357 days), while the Navy's processing
time averaged about 5 months (160 days). According to component
officials, processing may be prolonged when, for example, applications
must be returned to the unit or the applicant for additional
information. As stated earlier, Air National Guard and Coast Guard
officials said that personnel who can conduct psychiatric or
psychological evaluations are not always readily available and that
this may prolong the processing time. Coast Guard officials also stated
that, because they receive so few applications, it is necessary for
officials located in the field offices to reeducate themselves about
the process each time, which may prolong processing time for the
applications. Table 3 shows average application processing times by
component.
Table 3: Average Days to Process Reported Applications for
Conscientious Objector Status, Calendar Years 2002-2006:
Component: Army;
Average number of days per component: 194.
Component: Army National Guard;
Average number of days per component: 251.
Component: Army Reserve;
Average number of days per component: 230.
Component: Navy;
Average number of days per component: 160.
Component: Navy Reserve;
Average number of days per component: [A].
Component: Air Force;
Average number of days per component: 235.
Component: Air Force Reserve;
Average number of days per component: 357.
Component: Air National Guard;
Average number of days per component: 264.
Component: Marine Corps;
Average number of days per component: 231.
Component: Marine Corps Reserve;
Average number of days per component: 298.
Component: Coast Guard;
Average number of days per component: 180.
Component: Coast Guard Reserve;
Average number of days per component: 310.
Component: Average number of days for all components;
Average number of days per component: 221.
Source: GAO analysis of components' data.
Note: The average number of days for all components is a weighted-
average.
[A] The Navy Reserve reported that it did not receive any conscientious
objector applications for this time period.
[End of table]
According to the components, the commanding officer typically informs
an applicant if he or she has or has not met the burden of proof
necessary to establish the claim. In addition, officials for the Army,
the Air Force, the Marine Corps, the Coast Guard, and their reserve
components stated that when an application has been denied, the
applicant is sent a memorandum providing additional detail on the
reason for the decision. Generally, applications are denied when the
servicemember has not provided clear and convincing evidence supporting
his or her claim of conscientious objection.
Each of the components--with the exception of the Army and its reserve
components--has the discretion to reassign an approved l-A-O
conscientious objector to a noncombatant duty--if one is available--or
discharge the servicemember. In contrast, according to Army regulation,
1-A-O conscientious objectors in the Army and its reserve components
are not eligible for discharge. According to Army officials, these
servicemembers continue to serve the remainder of their service
obligations, and when necessary are retrained in occupations that do
not require them to bear arms.
Conscientious Objectors May Receive the Same Benefits as Other
Discharged Servicemembers:
In general, in accordance with component policies,[Footnote 14]
servicemembers separated as conscientious objectors may be granted
honorable or under honorable conditions (general) discharges, thereby
making them eligible to receive the same benefits as other discharged
servicemembers. Army, Navy, and Air Force regulations state that
conscientious objectors must be given one of these two types of
discharge. The Marine Corps and the Coast Guard do not specify what
type of discharge must be assigned to conscientious objectors; rather,
their regulations state that the type of discharge should be determined
by the member's overall service record. In accordance with VA
guidance,[Footnote 15] conscientious objector status generally is not
considered when determining eligibility for any of the benefits VA
offers;[Footnote 16] the primary determinant for these benefits is the
characterization of discharge.[Footnote 17] All servicemembers
separated with an honorable or an under honorable conditions (general)
discharge are eligible for the same VA benefits, with the exception of
Montgomery GI Bill-Active Duty Education and Training
benefits.[Footnote 18] Whether discharged as a conscientious objector
or for other reasons, a servicemember must receive an honorable
discharge to be entitled to Montgomery GI Bill-Active Duty Education
and Training benefits.[Footnote 19] In addition to the characterization
of discharge, a servicemember may have to meet other eligibility
requirements--including years of service, period of service (e.g.,
during a period of war), or an injury or disease that was incurred or
aggravated during military activity--to receive certain VA benefits.
Table 4 provides an overview of the VA benefits available to veterans
and the basic eligibility requirements for each.
Table 4: Benefits Available to Veterans:
VA benefit: Health care;
Basic eligibility requirements:
* Characterization of discharge;
- Honorable;
- Under honorable conditions (general);
* Length of Service;
- The length of service may matter depending on when the veteran
served. There is no length of service requirement for:
* former enlisted persons who started active duty on or before
September 8, 1980, or former officers who first entered active duty on
or before October 17, 1981;
- All other veterans must have 24 months of continuous active duty
military service or meet the exception described below;
- Former Reserve or National Guard members are eligible if they were
activated or mobilized by a federal order and they served for the full
period for which they were called to active service.
VA benefit: Disability compensation;
Basic eligibility requirements:
* Characterization of discharge;
- Honorable;
- Under honorable conditions (general);
* The veteran must have been disabled by an injury or disease incurred
or aggravated during active military service.
VA benefit: Pension;
Basic eligibility requirements:
* Characterization of discharge;
- Honorable;
- Under honorable conditions (general);
* The veteran must:
- be permanently and totally disabled;
- have served 24 consecutive months of active military service, at
least 1 day of which was during a period of war;[A] and:
- meet certain income restrictions;
* The veteran may be eligible for a VA pension if age 65 or older
and/or entitled to Social Security disability; and:
* the disability must have been caused by circumstances other than
veteran's own willful misconduct.
VA benefit: Montgomery GI Bill-Active Duty education and training;
Basic eligibility requirements:
* Characterization of discharge;
- Honorable;
Veterans may be eligible if:
* they have completed 3 continuous years of active duty, or 2
continuous years of active duty if they signed up for less than 3 years
or have an obligation to serve 4 years in the Selected Reserve and
enter the Selected Reserve within 1 year of discharge OR they are
discharged for one of the following reasons:
- for the convenience of the government-if they have 30 continuous
months of service for an obligation of 3 or more years or 20 continuous
months of service for an obligation of less than 3 years;
-service connected disability;[B];
- hardship;
- a medical condition diagnosed prior to joining the military;
- a condition that interfered with performance of duty and did not
result from misconduct; and:
- a reduction in force.
VA benefit: Vocational rehabilitation and employment;
Basic eligibility requirements:
* Characterization of discharge;
- Honorable;
- Under honorable conditions (general);
* The veteran must have a service- connected disability that is rated
at least 20 percent with an employment handicap;[B] or:
* A service-connected disability that is rated at least 10 percent with
a serious employment handicap.
VA benefit: Home loan guaranty;
Basic eligibility requirements:
* Characterization of discharge;
- Honorable;
- Under honorable conditions (general);
* The length of service requirement for a veteran is dependent on the
period of time during which the veteran served (e.g., Vietnam, Post-
Vietnam, or the Gulf War).
VA benefit: Life insurance;
Basic eligibility requirements:
* In general, veterans who are insured by the Servicemembers' Group
Life Insurance program at the time of separation from the military are
eligible to purchase Veterans Group Life Insurance provided an
application is submitted within 1 year and 120 days from the date of
their separation from service. Service Disabled Veterans Insurance is
also available for those disabled veterans who were:
- released from active duty under other than dishonorable conditions on
or after April 25, 1951;
- rated for a service-connected disability; and:
- in good health except for any service-connected conditions;
* The veterans must apply within 2 years of the date that VA grants
their new service- connected disability rating.
VA benefit: Burial;
Basic eligibility requirements:
* Characterization of discharge from active duty[C];
- Honorable;
- Under honorable conditions (general); or:
* Servicemembers who die while on active duty.
Source: GAO analysis of the VA's benefits information.
[A] Veterans who entered active duty before September 8, 1980, or
officers who entered before October 16, 1981, must have served at least
90 days of active military service, at least 1 day of which was during
a period of war. According to the Federal Benefits for Veterans and
Dependents, 2007 Edition, the Persian Gulf War period began on August
2, 1990, and continues through a date to be set by law or Presidential
Proclamation.
[B] A service-connected disability is one that a delegated VA
representative determines is incurred or aggravated during active
military service, based on evidence from the servicemember's medical
records or a VA Compensation and Pension examination.
[C] Active-duty service beginning after September 7, 1980, as an
enlisted person, and after October 16, 1981, as an officer, must be for
a minimum of 24 consecutive months or the full period of active duty
(as in the case of Reserve or National Guard members called to active
duty for a limited duration).
[End of table]
To apply for VA benefits, a veteran submits an application to a
veterans' claims examiner or other qualified VA employee at a VA field
facility, where it is reviewed to ensure that it is complete and that
the applicant meets basic eligibility requirements. If it is determined
that the veteran does not meet basic eligibility requirements (i.e.,
the characterization of discharge is not honorable or under honorable
conditions (general)), then the examiner or other qualified VA employee
will notify the veteran that he or she is not entitled to benefits. The
veteran can then (1) seek an upgrade in the characterization of his or
her discharge through the military component and, if successful,
provide the revised discharge papers to VA or (2) provide the examiner
or other qualified VA employee with evidence of mitigating
circumstances that could lead VA to revise its determination of the
veteran's eligibility. Even if the veteran does not provide additional
information, the examiner or other qualified VA employee will review
the veteran's military personnel and service record to determine if (1)
there were mitigating circumstances surrounding the discharge; (2)
there is a period of service, other than the one for which the veteran
was discharged, upon which the benefits may be based; or (3) despite
the characterization of discharge, the veteran's service was faithful
or meritorious. For example, if it is determined after a review of the
military personnel and service record that the veteran received an
under other than honorable conditions discharge because of an absence
without official leave to see a dying parent, the veteran may still
receive VA benefits. If an examiner or other qualified VA employee
determines that a veteran with an under other than honorable conditions
or bad conduct discharge is not eligible for most VA benefits, the
veteran may still be eligible for health care for any disability
incurred or aggravated in the line of duty during active service,
unless the veteran is barred from receiving VA benefits.[Footnote 20]
If the veteran's military personnel or service record indicates that he
or she refused to perform military duties, wear the uniform, or comply
with lawful orders of a competent military authority while the
conscientious objector application was pending, the veteran is barred
from receiving VA benefits.[Footnote 21] The decision of the examiner
or other qualified VA employee applies not only to those benefits that
the veteran was requesting at the time of the decision but also to any
future benefits he or she may seek, except for education and training,
for which the discharge must be honorable.[Footnote 22] A dishonorable
discharge automatically disqualifies a veteran from receiving benefits;
the examiner or other qualified VA employee does not make decisions on
dishonorable discharges.[Footnote 23]
A veteran who disagrees with the decision has 1 year to file an appeal
with the VA Board of Veterans Appeals. When the case comes before the
Board of Appeals, the veteran may be represented by legal counsel. If
the board decides in favor of the veteran, the veteran will be awarded
the benefit in question. If the board upholds the decision to deny
benefits, the veteran can appeal to the U.S. Court of Appeals for
Veterans Claims, which is an independent court and not part of the VA.
Of the 224 servicemembers who were approved for conscientious objector
status during calendar years 2002 through 2006, 207 (92 percent) were
granted honorable discharges; 14 (6 percent) were granted under
honorable conditions (general) discharges; and no information on the
discharges of the remaining 3 (1 percent) was available (see table
5).[Footnote 24]
Table 5: Number of Reported Servicemembers Discharged with
Conscientious Objector Status Granted Honorable or General Discharges
by Component, Calendar Years 2002-2006:
Army;
Honorable: 92;
Under honorable conditions (general): 7;
Discharge type unknown: 0;
Total: 99.
Army Reserve;
Honorable: 16;
Under honorable conditions (general): 0;
Discharge type unknown: 0;
Total: 16.
Army National Guard;
Honorable: 15;
Under honorable conditions (general): 0;
Discharge type unknown: 0;
Total: 15.
Navy;
Honorable: 23;
Under honorable conditions (general): 3;
Discharge type unknown: 0;
Total: 26.
Navy Reserve[A];
Honorable: 0;
Under honorable conditions (general): 0;
Discharge type unknown: 0;
Total: 0.
Air Force;
Honorable: 28;
Under honorable conditions (general): 0;
Discharge type unknown: 0;
Total: 28.
Air Force Reserve;
Honorable: 2;
Under honorable conditions (general): 0;
Discharge type unknown: 0;
Total: 2.
Air National Guard;
Honorable: 1;
Under honorable conditions (general): 0;
Discharge type unknown: 0;
Total: 1.
Marine Corps;
Honorable: 12;
Under honorable conditions (general): 2;
Discharge type unknown: 0;
Total: 14.
Marine Corps Reserve;
Honorable: 17;
Under honorable conditions (general): 2;
Discharge type unknown: 3;
Total: 22.
Coast Guard;
Honorable: 1;
Under honorable conditions (general): 0;
Discharge type unknown: 0;
Total: 1.
Coast Guard Reserve;
Honorable: 0;
Under honorable conditions (general): 0;
Discharge type unknown: 0;
Total: 0.
Total;
Honorable: 207;
Under honorable conditions (general): 14;
Discharge type unknown: 3;
Total: 224.
Source: GAO analysis of components' data.
[A] The Navy Reserve reported that it did not receive any conscientious
objector applications for this time period.
[End of table]
Agency Comments:
DOD, the Department of Homeland Security, and VA were provided a draft
of this report and had no comments on the findings. The Department of
Homeland Security and VA provided technical comments, which were
incorporated as appropriate.
We will send copies of this report to interested Members of Congress,
the Secretary of Defense, the Secretary of Homeland Security, and the
Director of the Department of Veterans Affairs. We will also make
copies available to others upon request. In addition, the report will
be available at no charge on GAO's Web site at [hyperlink,
http://www.gao.gov].
If you or your staff have any questions on this report, please contact
me at (202) 512-3604 or farrellb@gao.gov. Contact points for our
Offices of Congressional Relations and Public Affairs may be found on
the last page of this report. GAO staff who made major contributions to
this report are listed in appendix IV.
Signed by:
Brenda S. Farrell:
Director, Defense Capabilities and Management:
List of Congressional Committees:
The Honorable Carl Levin:
Chairman:
The Honorable John McCain:
Ranking Member:
Committee on Armed Services:
United States Senate:
The Honorable Daniel Inouye:
Chairman:
The Honorable Ted Stevens:
Ranking Member:
Subcommittee on Defense:
Committee on Appropriations:
United States Senate:
The Honorable Ike Skelton:
Chairman:
The Honorable Duncan Hunter:
Ranking Member:
Committee on Armed Services:
House of Representatives:
The Honorable John P. Murtha:
Chairman:
The Honorable C.W. Bill Young:
Ranking Member:
Subcommittee on Defense:
Committee on Appropriations:
House of Representatives:
[End of section]
Appendix I: Demographic Information on Known Applicants for
Conscientious Objector Status, Calendar Years 2002-2006:
In calendar years 2002 through 2006, 81 percent of the applicants were
enlisted males. In addition, the majority of male applicants were
between the ages of 21 and 25. The occupational area for the majority
of the applicants was general infantry (which includes weapons
specialists and special forces, among others), and most of the
applicants also had between 1 to 4 years of service.
Table 6: Gender and Rank of Applicants for Conscientious Objector
Status, Calendar Years 2002-2006:
Rank of applicant: Enlisted;
Male applicants (percentage): 332 (92%);
Female applicants (percentage): 45 (88%);
Total (percentage): 377 (92%).
Rank of applicant: Officer;
Male applicants (percentage): 27 (8%);
Female applicants (percentage): 6 (12%);
Total (percentage): 33 (8%).
Rank of applicant: Total;
Male applicants (percentage): 359 (100%);
Female applicants (percentage): 51 (100%);
Total (percentage): 410 (100%)[A].
Source: GAO analysis of components' data.
Note: Applications do not equal the number of applicants because two
servicemembers applied for conscientious objector status twice.
[A] DMDC was unable to provide this information for 15 of the
applicants identified by the components, because it was unable to match
the Social Security numbers to records in its personnel files.
[End of table]
On the basis of the information shown in table 7, we determined that 83
percent of male applicants for conscientious objector status were 30
years old or younger. Eighty-four percent of female applicants were 30
years old or younger.
Table 7: Age of Applicants for Conscientious Objector Status, Calendar
Years 2002-2006:
Age range: 17 to 20;
Male applicants (percentage): 30 (8%);
Female applicants (percentage): 6 (12%);
Total (percentage): 36 (9%).
Age range: 21 to 25;
Male applicants (percentage): 195 (54%);
Female applicants (percentage): 23 (45%);
Total (percentage): 218 (53%).
Age range: 26 to 30;
Male applicants (percentage): 74 (21%);
Female applicants (percentage): 14 (27%);
Total (percentage): 88 (21%).
Age range: 31 to 35;
Male applicants (percentage): 24 (7%);
Female applicants (percentage): 4 (8%);
Total (percentage): 28 (7%).
Age range: 36 to 40;
Male applicants (percentage): 19 (5%);
Female applicants (percentage): 1 (2%);
Total (percentage): 20 (5%).
Age range: Over 40;
Male applicants (percentage): 17 (5%);
Female applicants (percentage): 3 (6%);
Total (percentage): 20 (5%).
Age range: Total;
Male applicants (percentage): 359 (100%);
Female applicants (percentage): 51 (100%);
Total (percentage): 410 (100%)[A].
Source: GAO analysis of components' data.
Note: Applications do not equal the number of applicants because two
servicemembers applied for conscientious objector status twice.
[A] DMDC was unable to provide this information for 15 of the
applicants identified by the components, because it was unable to match
the Social Security numbers to records in its personnel files.
[End of table]
Table 8 shows that 43 percent of applicants had 1 to 2 years of
service, and 32 percent had 3 to 4 years of service.
Table 8: Years of Service of Applicants for Conscientious Objector
Status for Calendar Years, 2002-2006:
Years of service: Less than 1 year;
Army: 7;
Army Reserve: 6;
Army National Guard: 1;
Navy: 0;
Navy Reserve[A]: 0;
Air Force: 0;
Air Force Reserve: 1;
Air National Guard: 0;
Marine Corps: 3;
Marine Corps Reserve: 0;
Coast Guard: 1;
Coast Guard Reserve: 0;
Total (percentage of total): 19 (4%).
Years of service: 1-2 years;
Army: 87;
Army Reserve: 10;
Army National Guard: 14;
Navy: 6;
Navy Reserve[A]: 0;
Air Force: 23;
Air Force Reserve: 0;
Air National Guard: 2;
Marine Corps: 21;
Marine Corps Reserve: 19;
Coast Guard: 1;
Coast Guard Reserve: 0;
Total (percentage of total): 183 (43%).
Years of service: 3-4 years;
Army: 60;
Army Reserve: 8;
Army National Guard: 5;
Navy: 12;
Navy Reserve[A]: 0;
Air Force: 14;
Air Force Reserve: 0;
Air National Guard: 1;
Marine Corps: 10;
Marine Corps Reserve: 24;
Coast Guard: 1;
Coast Guard Reserve: 0;
Total (percentage of total): 135 (32%).
Years of service: 5-6 years;
Army: 21;
Army Reserve: 6;
Army National Guard: 2;
Navy: 4;
Navy Reserve[A]: 0;
Air Force: 2;
Air Force Reserve: 0;
Air National Guard: 2;
Marine Corps: 3;
Marine Corps Reserve: 5;
Coast Guard: 0;
Coast Guard Reserve: 1;
Total (percentage of total): 46 (11%).
Years of service: 7-8 years;
Army: 2;
Army Reserve: 2;
Army National Guard: 1;
Navy: 3;
Navy Reserve[A]: 0;
Air Force: 1;
Air Force Reserve: 0;
Air National Guard: 0;
Marine Corps: 2;
Marine Corps Reserve: 0;
Coast Guard: 0;
Coast Guard Reserve: 0;
Total (percentage of total): 11 (3%).
Years of service: More than 8 years;
Army: 4;
Army Reserve: 1;
Army National Guard: 2;
Navy: 5;
Navy Reserve[A]: 0;
Air Force: 5;
Air Force Reserve: 0;
Air National Guard: 0;
Marine Corps: 4;
Marine Corps Reserve: 2;
Coast Guard: 0;
Coast Guard Reserve: 0;
Total (percentage of total): 23 (5%).
Years of service: No data provided;
Army: 0;
Army Reserve: 3;
Army National Guard: 1;
Navy: 1;
Navy Reserve[A]: 0;
Air Force: 0;
Air Force Reserve: 3;
Air National Guard: 0;
Marine Corps: 0;
Marine Corps Reserve: 0;
Coast Guard: 0;
Coast Guard Reserve: 0;
Total (percentage of total): 8 (2%).
Years of service: Total;
Army: 181;
Army Reserve: 36;
Army National Guard: 26;
Navy: 31;
Navy Reserve[A]: 0;
Air Force: 45;
Air Force Reserve: 4;
Air National Guard: 5;
Marine Corps: 43;
Marine Corps Reserve: 50;
Coast Guard: 3;
Coast Guard Reserve: 1;
Total (percentage of total): 425.
Source: GAO analysis of components' data.
Note: Applications do not equal the number of applicants because two
servicemembers applied for conscientious objector status twice.
[A] The Navy Reserve reported that it did not receive any conscientious
objector applications for this time period.
[End of table]
On the basis of component-provided data, we were able to determine that
during calendar years 2002 through 2006, 154 of the 202 applicants for
which these data were provided had participated in Operation Noble
Eagle (ONE), Operation Enduring Freedom (OEF), or Operation Iraqi
Freedom (OIF) (see table 9).[Footnote 25] Of the 154 who served in
these operations, 153 were from Army or Marine Corps components.
Table 9: Applicants for Conscientious Objector Status Who Served in
ONE, OEF, or OIF, Calendar Years 2002-2006:
Component: Army;
Served in ONE, OEF, or OIF: 78;
Did not serve in ONE, OEF, or OIF: 0;
Data not maintained by component: 103;
Total: 181.
Component: Army Reserve;
Served in ONE, OEF, or OIF: 11;
Did not serve in ONE, OEF, or OIF: 0;
Data not maintained by component: 25;
Total: 36.
Component: Army National Guard;
Served in ONE, OEF, or OIF: 11;
Did not serve in ONE, OEF, or OIF: 0;
Data not maintained by component: 15;
Total: 26.
Component: Navy;
Served in ONE, OEF, or OIF: 0;
Did not serve in ONE, OEF, or OIF: 0;
Data not maintained by component: 31;
Total: 31.
Component: Navy Reserve[A];
Served in ONE, OEF, or OIF: 0;
Did not serve in ONE, OEF, or OIF: 0;
Data not maintained by component: 0;
Total: 0.
Component: Air Force;
Served in ONE, OEF, or OIF: 0;
Did not serve in ONE, OEF, or OIF: 0;
Data not maintained by component: 45;
Total: 45.
Component: Air Force Reserve;
Served in ONE, OEF, or OIF: 0;
Did not serve in ONE, OEF, or OIF: 0;
Data not maintained by component: 4;
Total: 4.
Component: Air National Guard;
Served in ONE, OEF, or OIF: 0;
Did not serve in ONE, OEF, or OIF: 5;
Data not maintained by component: 0;
Total: 5.
Component: Marine Corps;
Served in ONE, OEF, or OIF: 19;
Did not serve in ONE, OEF, or OIF: 24;
Data not maintained by component: 0;
Total: 43.
Component: Marine Corps Reserve;
Served in ONE, OEF, or OIF: 34;
Did not serve in ONE, OEF, or OIF: 16;
Data not maintained by component: 0;
Total: 50.
Component: Coast Guard;
Served in ONE, OEF, or OIF: 0;
Did not serve in ONE, OEF, or OIF: 3;
Data not maintained by component: 0;
Total: 3.
Component: Coast Guard Reserve;
Served in ONE, OEF, or OIF: 1;
Did not serve in ONE, OEF, or OIF: 0;
Data not maintained by component: 0;
Total: 1.
Component: Total;
Served in ONE, OEF, or OIF: 154;
Did not serve in ONE, OEF, or OIF: 48;
Data not maintained by component: 223;
Total: 425.
Source: GAO analysis of components' data.
Note: Applications do not equal the number of applicants because two
servicemembers applied for conscientious objector status twice.
[A] The Navy Reserve reported that it did not receive any conscientious
objector applications for this time period.
[End of table]
Our review of component-provided data found that servicemembers who
applied for conscientious objector status worked in a variety of
occupational areas. The top five occupational areas for the 377
enlisted servicemembers for calendar years 2002 through 2006 were:
* general infantry, which includes weapons specialists, ground
reconnaissance specialists, special forces, and military training
instructors, with 42 applicants;
* other functional support, which includes supply accounting and
procurement, transportation, flight operations, and related areas, with
16 applicants;
* medical care and treatment, which includes surgical and therapy
specialists, with 16 applicants;
* security, which includes specialists who guard weapon systems, defend
installations, and protect personnel, equipment, and facilities, with
14 applicants; and:
* combat engineering, which includes specialists in hasty and temporary
construction of airfields, roads and bridges, and in demolition, field
illumination, and chemical warfare, with 14 applicants.
Of the 33 officer applicants, the three largest occupational types
included 6 applicants whose occupations were designated as unknown
(i.e., officer unknown occupation); 5 who were in ground and naval
arms, which includes infantry, artillery, armor and close support
officers, and naval ship commanders and other warfare-related officers;
and 3 who were in the occupational area of student officers, which
includes law students, medical students, and other trainees.
[End of section]
Appendix II: Scope and Methodology:
To meet our first objective--to identify trends in the number of
servicemembers applying for conscientious objector status during
calendar years 2002 through 2006--we obtained data from each of the
components. We did not report data between September 11, 2001, and
December 31, 2001, as directed in the mandate, because several of the
components were unable to provide data for this time period. The Army
National Guard and the Air Force did not provide any data to us for
this period of time. Navy officials reported receiving five
applications in 2001, but they said that they were not confident that
this information was accurate. We found that the data provided by the
components could underrepresent the total number of applications for
conscientious objector status because applications could be withdrawn
during the application process before they reach the headquarters
level. However, we believe that the data are sufficiently reliable to
demonstrate overall trends in the numbers of applications that were
approved and denied during calendar years 2002 through 2006. The
Defense Manpower Data Center (DMDC) does not maintain separate data on
the numbers of applications for conscientious objector status; however,
it does maintain data on personnel, including demographics and reasons
for separation, dating back to the early 1970s. We therefore used DMDC
data for these purposes. To assess the reliability of all data
presented in this report, we obtained an understanding of the sources
of the data and the file structures. Specifically, we (1) performed
electronic testing of the data variables for completeness (that is,
duplicative and missing data); (2) assessed the reasonableness of the
data by comparing data provided by the components with data provided by
DMDC; (3) reviewed existing information about the systems that produced
the data; and (4) interviewed component and DMDC officials to identify
known problems or limitations in the data, as well as to understand how
data are received from each of the components and processed by DMDC.
When we found discrepancies (for example, duplicate Social Security
numbers), we worked with the appropriate components and DMDC to
understand the reasons for the discrepancies.
To meet our second objective--to determine how each component of the
U.S. Armed Forces administers its process for approving or denying
conscientious objector applications--we reviewed relevant guidance and
regulations, including DOD's instruction.[Footnote 26] We interviewed
officials responsible for each component's current practices for (1)
reviewing conscientious objector applications, including the roles and
availability of key personnel (e.g., chaplains and medical personnel);
(2) reassigning servicemembers with pending applications; and (3)
approving or denying servicemembers' applications. Finally, we used
component-provided data (e.g., application start dates) to calculate
the average processing time for conscientious objector
applications.[Footnote 27]
To meet our third objective--to determine whether conscientious
objectors are eligible to receive the same benefits that other
servicemembers are eligible to receive after they are discharged from
the military--we analyzed applicable laws and instructions from VA,
DOD, and the components. We also interviewed VA, DOD, and component
officials about the benefits available to conscientious objectors and
other servicemembers upon discharge. We reviewed component-provided
data to determine the characterization of discharge (e.g., honorable)
received by the servicemembers separated as conscientious objectors.
To obtain demographic information on applicants for conscientious
objector status, we provided DMDC with applications data provided by
the components; DMDC then matched this information to personnel data it
maintains.
In conducting this work, we contacted the appropriate officials from
the following organizations (see table 10).
Table 10: List of Organizations Contacted to Obtain Information on
Conscientious Objectors:
DOD;
Office of the Secretary of Defense:
* Office of the Under Secretary of Defense (Personnel and Readiness),
Arlington, Virginia;
* Office of the Assistant Secretary of Defense for Reserve Affairs,
Arlington, Virginia;
* Defense Manpower Data Center, Monterey, California; and; National
Guard Bureau, Arlington, Virginia.
Army;
* Headquarters, Department of the Army;
- Conscientious Objector Review Board;
* U.S. Army Reserve Command, Fort McPherson, Georgia;
* U.S. Army Human Resources Command, St. Louis, Missouri;
* U.S. Army Civil Affairs and Psychological Operations Command, Fort
Bragg, North Carolina;
* 7th Army Reserve Command, Schwetzingen, Germany;
* 9th Regional Readiness Command, Fort Shafter, Hawaii; and:
* Army National Guard, Arlington, Virginia.
Navy;
* Navy Personnel Command, Millington, Tennessee; and:
* Office of the Chief of Chaplains.
Air Force;
* Department of the Air Force, Headquarters;
* Secretary of the Air Force Personnel Council, Andrews Air Force Base,
Maryland;
* Air Force Personnel Center, Randolph Air Force Base, Texas;
* Air Force Reserve Command, Robins Air Force Base, Georgia;
* Air Reserve Personnel Center, Denver, Colorado; and:
* Air National Guard, Arlington, Virginia.
Marine Corps;
* Marine Corps Headquarters, Quantico, Virginia;
* Manpower Integration and Administration Branch, Headquarters,
Quantico, Virginia; and:
* Office of the Command Chaplain, Quantico, Virginia.
Department of Homeland Security;
United States Coast Guard, Headquarters, Washington, D.C:
* Advancements and Separations Branch, Enlisted Personnel Management;
and;
* Chief of Military Personnel Policy and Standards Division.
Department of Veterans Affairs;
* VA Headquarters, Washington D.C;
* Veterans Benefits Administration, VA Central Office, Washington, D.C;
* Veterans Health Administration, Health Eligibility Center, Atlanta,
Georgia;
* National Systematic Technical Accuracy Review, Nashville, Tennessee;
and;
* Veterans Benefits Administration (Regional Office), Decatur, Georgia.
Nongovernmental Organizations;
* Center for Conscience and War, Washington, D.C.
Source: GAO.
[End of table]
We performed our work from November 2006 through August 2007 in
accordance with generally accepted government auditing standards.
[End of section]
Appendix III: Data on Active Components' Servicemembers Separated as
Conscientious Objectors, Calendar Years 1994-2006:
The Department of Defense (DOD) reported to Congress that 44 of the
197,786 servicemembers separated in fiscal year 2006 were discharged as
conscientious objectors, and 39 of the 214,353 servicemembers separated
in fiscal year 2005 were discharged for that reason.[Footnote 28] As
reported, the numbers of servicemembers separated as conscientious
objectors represent about two-tenths of 1 percent of the total
separations from DOD (see fig. 3).
DMDC-provided data showed that 547 servicemembers were discharged as
conscientious objectors between calendar years 1994 and 2006. The
number of conscientious objectors has decreased from 61 in 1994 (during
a period when the services were larger) to 46 and 36 during calendar
years 2005 and 2006, respectively. These numbers are very small, given
the size of the total force--approximately 2.3 million servicemembers.
Figure 3: Servicemembers Discharged as Conscientious Objectors,
Calendar Years 1994-2006:
[See PDF for image]
Source: GAO analysis of DMDC data.
[End of figure]
[End of section]
Appendix IV: GAO Contact and Staff Acknowledgments:
GAO Contact:
Brenda S. Farrell, (202) 512-3604 or farrellb@gao.gov.
Acknowledgments:
In addition to the contact above, Cynthia Jackson, Assistant Director;
Minty M. Abraham; Kurt A. Burgeson; Fatema Z. Choudhury; Kenya R.
Jones; Mitchell B. Karpman; Ronald La Due Lake; Joanne Landesman; Julia
Matta; Lonnie J. McAllister II; Anna Maria Ortiz; Kimberly L. Perteet;
Maria-Alaina I. Rambus; Beverly C. Schladt; Derek B. Stewart; and
Jennifer M. Thomas made key contributions to this report.
[End of section]
Footnotes:
[1] The term reserve or reserve components includes the Reserve and
National Guard components.
[2] For this report, the term U.S. Armed Forces includes (1) the Army,
(2) the Army National Guard, (3) the Army Reserve, (4) the Navy, (5)
the Navy Reserve, (6) the Air Force, (7) the Air National Guard, (8)
the Air Force Reserve, (9) the Marine Corps, (10) the Marine Corps
Reserve, (11) the U.S. Coast Guard, and (12) the U.S. Coast Guard
Reserve. Unlike the other services, the U.S. Coast Guard and the U.S.
Coast Guard Reserve are agencies within the Department of Homeland
Security, not the Department of Defense. Upon the declaration of war if
Congress so directs in the declaration or when the President directs,
the Coast Guard shall operate as a service in the Navy, and shall so
continue until the President, by Executive order, transfers the Coast
Guard back to the Department of Homeland Security. While operating as a
service in the Navy, the Coast Guard shall be subject to the orders of
the Secretary of the Navy who may order changes in Coast Guard
operations to render them uniform, to the extent he deems advisable,
with Navy operations. 14 U.S.C. §3.
[3] Department of Defense Instruction 1300.06, Conscientious Objectors
(May 5, 2007); Army Regulation 600-43, Conscientious Objection (Aug.
21, 2006); Navy Military Personnel Manual, Article 1900-20, Convenience
of the Government Separation Based on Conscientious Objection (Enlisted
and Officers) (Aug. 22, 2002); Air Force Instruction 36-3204,
Procedures for Applying as a Conscientious Objector (July 15, 1994);
Marine Corps Order 1306.16E, Conscientious Objectors (Nov. 21, 1986);
and Coast Guard Commandant Instruction 1900.8, Conscientious Objectors
and the Requirement to Bear Arms (Nov. 30, 1990). According to U.S.
Coast Guard officials, the Coast Guard is not required to comply with
the Department of Defense's instruction; however, its regulation
closely follows the Department of Defense instruction.
[4] Pub. L. No. 109-364, §587 (2006).
[5] For example, VA, Federal Benefits for Veterans and Dependents
(Washington, D.C.: 2007).
[6] We did not talk to officials from the Coast Guard Reserve or the
Marine Corps Reserve because active component officials were
responsible for their processes.
[7] DOD Instruction 1300.06, Conscientious Objectors (May 5, 2007).
[8] Unlike DOD, the Department of Homeland Security does not have a
departmentwide instruction, and the Coast Guard does not report to the
Department of Homeland Security about the conscientious objector
process.
[9] DOD Instruction 1300.06, Conscientious Objectors (May 5, 2007);
Army Regulation 600-43, Conscientious Objection (Aug. 21, 2006); Navy
Military Personnel Manual, Article 1900-020, Convenience of the
Government Separation Based on Conscientious Objection (Enlisted and
Officers) (Aug. 22, 2002); Air Force Instruction 36-3204, Procedures
for Applying as a Conscientious Objector (July 15, 1994); Marine Corps
Order 1306.16E, Conscientious Objectors (Nov. 21, 1986); and Coast
Guard Commandant Instruction 1900.8, Conscientious Objectors and the
Requirement to Bear Arms (Nov. 30, 1990).
[10] 38 U.S.C. § 7101.
[11] GAO, Conscientious Objectors: Number of Applications Remained
Small During the Persian Gulf War, GAO/NSIAD-94-35 (Washington, D.C.:
Nov. 9, 1993).
[12] In appendix I, we present demographic data on the servicemembers
who applied for conscientious objector status during 2002 through 2006.
[13] DOD Instruction 1300.06, Conscientious Objectors (May 5, 2007);
Army Regulation 600-43, Conscientious Objection (Aug. 21, 2006); Navy
Military Personnel Manual, Article 1900-020,Convenience of the
Government Separation Based on Conscientious Objection (Enlisted and
Officers) (Aug. 22, 2002); Air Force Instruction 36-3204, Procedures
for Applying as a Conscientious Objector (July 15, 1994); Marine Corps
Order 1306.16E, Conscientious Objectors (Nov. 21, 1986); and Coast
Guard Commandant Instruction 1900.8, Conscientious Objectors and the
Requirement to Bear Arms (Nov. 30, 1990). According to U.S. Coast Guard
officials, the Coast Guard is not required to comply with DOD's
guidance; however, its regulation closely follows DOD guidance.
[14] DOD Instruction 1300.06, Conscientious Objectors (May 5, 2007);
Army Regulation 600-43, Conscientious Objection (Aug. 21, 2006); Navy
Military Personnel Manual, Article 1900-020, Convenience of the
Government Separation Based on Conscientious Objection (Enlisted and
Officers) (Aug. 22, 2002); Air Force Instruction 36-3204, Procedures
for Applying as a Conscientious Objector (July 15, 1994); Marine Corps
Order 1306.16E, Conscientious Objectors (Nov. 21, 1986); and Coast
Guard Commandant Instruction 1900.8, Conscientious Objectors and the
Requirement to Bear Arms (Nov. 30, 1990).
[15] VA General Counsel Decision Assessment, 1993.
[16] In accordance with 38 U.S.C. § 5303, a servicemember is not
eligible for benefits if (1) the servicemember, while his or her
conscientious objector application was pending, refused to perform
military duties, wear the uniform, or comply with lawful orders of a
competent military authority; (2) the servicemember was convicted and
sentenced to a bad-conduct discharge or dishonorable discharge at a
general court marital; (3) the servicemember, as an officer, resigned
for the good of the service rather than face a general court martial;
(4) the servicemember was a deserter; (5) the servicemember was an
alien, who, it could be affirmatively shown, requested his or her
release during a period of hostilities; or (6) the servicemember
received a discharge under other than honorable conditions as a result
of an absence without official leave for a continuous period of at
least 180 days.
[17] There are six characterizations of military discharge: (1)
honorable, which is appropriate when the quality of the member's
service generally has met the standards of acceptable conduct and
performance of duty for military personnel; (2) under honorable
conditions (general), which is given to servicemembers whose
performance is satisfactory but is marked by a considerable departure
in duty performance and conduct expected of servicemembers; (3) under
other than honorable conditions, which represents a serious departure
from the conduct and performance expected of all servicemembers; (4)
bad conduct, which is given to servicemembers only upon conviction at a
general or special court martial; (5) dishonorable, which is given for
what the military considers the most dishonorable of conduct and is
only rendered by conviction at a general court martial; and (6)
uncharacterized, which is given to individuals who do not complete 180
days of service.
[18] VA administers other education programs that only require that a
servicemember receive a discharge under other than dishonorable
conditions.
[19] If the veteran has a prior period of service that terminated
honorably, he or she may be eligible to receive education and training
benefits based on that qualifying period of service.
[20] 38 U.S.C. § 5303.
[21] 38 U.S.C. § 5303.
[22] The decision of the examiner or other qualified VA employee does
not apply for Montgomery GI Bill-Active Duty Education and Training
benefits. The veteran must receive an honorable discharge to be
eligible for these benefits.
[23] If the individual has a prior period of service that terminated
under honorable conditions, a dishonorable discharge may not bar that
individual from receiving VA benefits.
[24] Percentages do not add to 100 because of rounding.
[26] ONE began on September 14, 2001; OEF began on October 7, 2001; and
OIF began on March 19, 2003.
[27] DOD Instruction 1300.06, Conscientious Objectors (May 5, 2007);
Army Regulation 600-43, Conscientious Objection (Aug. 21, 2006); Navy
Military Personnel Manual, Article 1900-020,Convenience of the
Government Separation Based on Conscientious Objection (Enlisted and
Officers) (Aug. 22, 2002); Air Force Instruction 36-3204, Procedures
for Applying as a Conscientious Objector (July 15, 1994); Marine Corps
Order 1306.16E, Conscientious Objectors (Nov. 21, 1986); and Coast
Guard Commandant Instruction 1900.8, Conscientious Objectors and the
Requirement to Bear Arms (Nov. 30, 1990).
[28] The combined average number of days for all components is a
weighted-average.
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