Often times people in the military are tricked, coerced, or misinformed into believing that they must sign certain documents such as extensions, reenlistments, job reclassifications, or an agreement to spend a remaining service obligation in an active guard unit. Most of the time such agreements are voluntary, but because of command pressure, the person signing them thinks they have no choice. The command creates the impression that the person must sign and then, after the fact, tells the person that they voluntarily agreed. However, if the command has the authority to require the military member to take an action, they can just cut an order. Being asked to sign normally indicates that the action is voluntary.
If a person isn't sure whether an agreement is voluntary, there are several steps that can be taken.
1) Ask whether signing is voluntary. If a person is told that signing is not voluntary, a followup question would be to ask what authority requires the action and which regulation covers the issue. A person can ask for documentation in writing from the command that the action is required.
2) A person can ask to take home a copy and read it over and think it over carefully before signing.
3) While thinking it over, a person can contact the GI Rights Hotline or Trial Defense or some other attorney about whether the signature is required.
Often times commands get what they want by applying pressure and intimidating people. Then, once they get the signature, they say that the signing was voluntary. In this manner, military members are rushed into decisions that will affect them for years. However, usually when commands are challenged on this point, they avoid situations where they will get in trouble for misleading people, especially if there would be a paper trail of their having applied pressure inappropriately. The time to explore one's rights is before any signature is made.
There are some occasions where a signature does not bind a person to action, but only indicates that the command explained certain information to a service member. In these cases, such as routine counselings, there is normally no harm in signing since it is only to confirm that information was explained. However, anytime someone is not sure exactly what they are signing it is fine to pause and make sure that they clearly understand what they are signing and how signing obligates them in the future.
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Many people contact the GI Rights Hotline with questions about conscientious objection (CO). This discharge is one of the few that you can actually request, and although it can take six months to a year to complete the process, applicants often leave the military with an honorable discharge and their benefits. Unfortunately, many military members who would qualify as conscientious objectors have been discouraged by misinformation about who can qualify and about the process itself. Read on to find out why conscientious objection might be just the right discharge for you.
Conscientious objector discharges are nearly impossible to get.
Fact: While the military does not simply hand out CO discharges or make it easy to apply, most people who work with the GI Rights Hotline and follow the necessary steps are granted the discharge. There have been some highly publicized and political cases where qualified applicants were turned down, but these have been exceptions to the normal pattern where well-documented applications are recognized for approval. It is important to make sure that your beliefs and the path by which you came to them is well documented, both on paper and in the interviews required by the process. Working with a GI Rights counselor can be very helpful in documenting a case.
A person had to oppose participating in war prior to joining the military to qualify as a conscientious objector.
Fact:
The regulations pertaining to conscientious objection actually require that you were NOT opposed to participating in war prior to joining. The discharge exists to give those who undergo a legitimate transformation of belief after they join the military the chance to opt out of military service. In fact, every mililtary member signed a statement when they joined that said they were not a conscientious objector at that time. Only those who can prove that their beliefs against war developed after they entered the military will be recognized for discharge.
A person who has seen combat or who has confirmed kills cannot get out for conscientious objection.
Fact:
In order to qualify for CO status, you have to show that your beliefs against participating in war were formed by your experiences since joining the miltary. Many experiences can change a person's beliefs and lead them to oppose war or participating in war. Often, a military member's combat experiences and/or the actions they took in combat are exactly what changes their beliefs about war. For others, their transformative experiences occur during basic or specialty training before they ever deploy. For still others, just hearing about their fellow members' war experiences can be enough to convince them that they don't want to participate in war. When applying for CO status, you are required to describe the occurances that led you to your current beliefs. The most convincing stories are those given in the most detail--whenever and wherever they occurred.
A person needs to be religious to be a conscientious objector.
Fact:
The DoD Instruction 1300.06 on conscientious objection defines a CO as someone with "a firm, fixed, and sincere objection to participation in war in any form or the bearing of arms, by reason of religious training and/or belief" (Section 3.1, italics added). However, the instruction goes on to define religious training and belief as "Belief in an external power or "being" or deeply held moral or ethical belief, to which all else is subordinate or upon which all else is ultimately dependent, and which has the power or force to affect moral well-being. The external power or "being" need not be one that has found expression in either religious or societal traditions." (Section 3.2, italics added) This means that religion does not have to form the basis of your beliefs about war. Your beliefs can be moral or ethical in nature, but you have to be able to articulate them convincingly and demonstrate that they play the same role in your life that religion might for someone else. Atheists, agnostics, and many others who do not define themselves in relation to God have been approved as conscientious objectors. Some of the strongest applications aren't even based primarily on rational or theological reasons, but focus instead on strong feelings of revulsion toward the idea of killing or harming others. A GI Rights counselor can help you put together an application based on your reasons.
A person must be a pacifist to be a conscientious objector.
Fact: Some conscientious objectors define themselves as pacifists, but many do not. While many people in the military are confused about this (including some of the chaplains and investigating officers who interview applicants), the regulations are clear that the issue is participation in war and not what a person might see themselves doing in personal self defense. You do not have to be opposed to personal self defense (i.e. someone attacking you or your loved one) or to police force, or be a vegetarian to qualify as a conscientious objector. GI Rights counselors can help applicants sort out their beliefs and describe them in a way that is consistent with the regulations.
Applying for conscientious objection shortly after the beliefs crystallized hurts a person's chances.
Fact:
For a conscientious objection claim to be succesful, a person needs to demonstrate that their beliefs are firm and fixed and not likely to change. It is a good idea for each person to feel confident that their objection will not easily change. Usually this is the point at which a military member knows in their heart that they have to get out of the military, even if they do not yet know how. Once a person has reached this point, their beliefs are said to have crystallized. Once a person's beliefs have crystallized, there is no need to delay in applying for a conscientious objection discharge. On the contrary, a delay before applying can undermine a claim by suggesting that the beliefs were not strong enough for the applicant to take action. A delay may also suggest that other priorities are the controlling force for the applicant. Sometimes, when facing a deployment or other major transitions, applying quickly is crucial for a desired outcome. GI Rights counselors can help potential applicants figure out the best time to apply.
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Openly gay, lesbian, and bisexual people will be allowed to serve as members of the US Armed Forces beginning September 20, 2011. President Obama set the date after confirming that conditions established by the "Don't Ask Don't Tell" (DADT) repeal act he signed into law last December have been met. The act established a 60-day waiting period before the repeal becomes formal.
Although the repeal will end an official policy that discriminates against gays, lesbian, and bisexual people by barring them from serving openly in the military, no guarantee exists that these military members won't continue to experience harassment and discrimination within the ranks of the armed forces. Servicemembers Legal Defense Network (SLDN), a nonprofit organization that offers free legal services to those adversely affected by DADT, is urging the president to issue an executive order barring discrimination and harassment among military members based on sexual orientation and gender identity.
The repeal will also not apply to transgendered members of the military, who will still face a medical regulatory ban on joining or continuing in the military. Members who openly identify themselves as transgendered can also be diagnosed with a disqualifying psychiatric condition.
Another issue left unresolved by the repeal is the military's treatment of married homosexual members. While marrying a person of the same sex will no longer be grounds for discharge from the military, under the Defense of Marriage Act, same-sex marriages cannot be officially recognized by the military. As a result, same-sex spouses won't qualify for many of the benefits (housing, medical, joint duty assignments, etc.) available to heterosexual spouses.
Don't Ask Don't Tell first went into effect in 1993, during Bill Clinton's administration. The policy allowed gay and lesbian members to serve in the US military as long as they kept their sexual orientation to themselves and didn't commit any "homosexual acts," which meant any physical contact between members of the same gender that was interpreted as satisfying sexual desire.
Since that time, over 14,500 military members have been discharged under the policy. Not all of these discharges were involuntary; the GI Rights Hotline has worked with hundreds of gay and lesbian service members who sought discharge under the policy because they felt threatened or decided they wanted to act on their sexual orientation without fear of reprisal.
Last December, President Obama signed an act repealing the discriminatory policy, but only after the secretary of defense, chair of the Joint Chiefs, and he could certify that the repeal would not hurt military readiness or performance. After months of training the troops and policy reviews, the president announced that this requirement was met on July 22, beginning the 60-day countdown to the official repeal. Technically, until that time military members can still be charged under DADT, although the Pentagon suspended separations of gay troops in early July after a federal appeal court declared the old law unconstitutional.
The GI Rights Hotline is committed to assisting any military members who suffer harassment and discrimination of any kind. If you or someone you know has questions about the DADT repeal or is facing reprisal for their sexual orientation, please call the hotline at 1-877-447-4487.
]]>Many members of the military with serious family issues never bother to apply for the hardship/dependency discharge because they have been told that they don't qualify, that it will take too long, or that nobody ever gets it. Often NCOs and sometimes even officers perpetuate the false notion that hardship/dependency discharges are practically unobtainable. In fact, that is not the case.
Counselors at the GI Rights Hotline have helped many people in the military get honorably discharged for hardship/dependency. Usually within 4-10 weeks after applying, people are free from their military obligations and able to help their family members.
“The problem is that no one gets discharged unless they apply,” says GI Rights counselor Lenore Yarger. “Many people who bring their family issues to the command are told that there is no way to get out and that they will 'just have to find some other way to deal with it.'"
But the regulations are a lot more supportive than many people realize. They contain language like: “Process applications for discharge under this provision quickly. Give them priority. Commanders, MPF personnel, and other agencies must provide maximum assistance to the member… If the case is not complete, help the airman get what it lacks” (AFI 36-3208). Or “When soldiers are eligible for separation, their separation will not be disapproved because their services are needed by their organization” (AR 635-200).
When turning down an application, commands must give reason for the denial, usually in writing. Often the stated reason becomes the basis for appealing the decision. Most legitimate cases are successful either initially or through appeal.
Hardship/Dependency discharges usually come down to two things: 1) having a situation that meets the definition in the regulations and 2) gathering clear documentation of the situation. GI Rights Hotline counselors (877-447-4487) are available to help with this. Anyone who is wondering whether a particular situation might be a basis for a hardship discharge can contact a hotline counselor to discuss the matter.
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