Problems in Your Processing

Assigned Work While Your Claim Is Being Decided

Think about which job in your command you would feel least uncomfortable doing while you're waiting for a decision on your claim. Then you can go to your command with a job to suggest rather than having them simply assign you. This can help you avoid duty you can't perform in good conscience. Even if your request is turned down, your making it will mean you can file a complaint against your commanding officer. And you might be able to use your commander's decision as a defense if you're court-martialled for refusing to work. If you can't agree to perform any of the jobs in your command, you might consider requesting a transfer to a command which has work you can accept. COs have often been assigned as chaplain's assistants during the processing of their claims. You might explore with the chaplain and your command whether such an assignment would be possible for you.

Your Case Is Taking a Long Time to Decide

If the military is taking too long to decide your case, you may be able to speed things up by getting help from your counselor or your member of Congress. Counselors and members of Congress may also be able to help you solve other problems before you risk non-cooperation.

What is "too long"? Army regulations say that under normal circumstances a CO claim should be forwarded to the Department of the Army for final determination within 90 days of being submitted. If the processing takes more than 90 days, the general court-martial convening authority must explain why it took so long. While these standards aren't binding on any other branch of the military, they can help give you an idea whether your claim is being delayed too much.

Filing Complaints

Article 138 of the UCMJ gives you the right to file complaints against your commanding officer if he or she has wronged you. If you can't avoid or informally solve a problem related to your conscientious objection, you might consider filing an Article 138 or other complaint.

Your Claim Has Been Denied

You have several choices if your claim has been denied. You can apply for another discharge, make a second application for CO status, or take your case to federal civilian court. Consider these options before you make a decision to resist. For details see The Decision.