Misc Pub 27-8 Legal Handbook Commander’s 2019

F. Use and Assignment of Applicants

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

F. Use and Assignment of Applicants
Applicants pending final action on their cases must be retained in their unit and assigned duties providing minimum practicable conflict with their asserted beliefs. Applicants remain subject to all military orders, discipline, and regulations to include those on training. Some training exceptions exist for trainees.
G. Administrative Separation of Conscientious Objectors:
Soldiers separated from the Army for conscientious objection are entitled to receive either an Honorable or a General Discharge. Eligibility for VA benefits will typically depend on whether or not the Soldier refused to perform military duties, refused to wear the uniform, or refused to comply with lawful orders. Applying for conscientious objector status alone is not a refusal to perform military duties. If a Soldier performs all duties, wears the uniform, and obeys all orders while his or her conscientious objection application is pending, he or she may maintain eligibility for VA benefits. While an administrative separation for conscientious objection is pending, consult with your legal advisor about the applicant’s eligibility for VA benefits, and what steps you can take to preserve those benefits, if appropriate.
Soldiers classified A are not eligible for discharge under AR 600-43. Personnel classified A will be reassigned IAW AR 600-43, paragraph 3-1 to an assignment that qualifies as noncombatant service or training.
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Extremist Organizations and Activities
A. References
• DoD Directive 1325.06, Handling Dissident and Protest Activities Among Members of the Armed Forces, dtd 27 November 2009, Incorporating Change 1, 22 February 2012
• AR 600-20, Army Command Policy, 6 November 2014
B. Overview
Commanders must enforce the Army’s policy of providing equal opportunity and treatment for all Soldiers without regard to race, color, religion, gender, or national origin. Participation in extremist organizations and activities by Army personnel is inconsistent with the responsibilities of military service and Army policy. The above-cited references provide guidance on prohibited extremist activities. The following basic principles apply in all cases.

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