In-Service Conscientious Objection: Courts, Boards and the Bias in Fact

The conscientious objector remains a problem for the military because of the conflicting administrative and judicial procedures involving the conscientious objector's discharge. This Article analyzes administrative and judicial procedures, initially by looking at the recognition conscientious objection receives in the military through court-martial review, and then by analyzing federal court review and reassessment of conscientious objection cases. The conscientious objector problem could be solved by classifying the objector on request and allow for discharge. This would replace the fact-finding process, court review, and burden on the military system.

Although this solution is simple, the author concludes that it is unrealistic because of the unfavorable view the public holds against conscientious objectors.