Summary: H.R.5060 — 102nd Congress (1991-1992)All Information (Except Text)

There is one summary for H.R.5060. Bill summaries are authored by CRS.

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Introduced in House (05/05/1992)

Military Conscientious Objector Act of 1992 - Establishes procedures for the determination of whether members of the armed forces should be discharged from military service or reassigned to other duties as conscientious objectors. Makes this Act applicable to all members of the armed forces, including members in a retired status and those not on active duty.

Provides that, upon application, a member of the armed forces who, on the basis of sincerely held moral, ethical, or religious beliefs is conscientiously opposed to: (1) any participation in war in any form or to any participation in a particular conflict, is entitled to be discharged from the armed forces; and (2) the performance of certain duties in the armed forces, is entitled to be reassigned to other duties that are identified by that member as not inconsistent with such beliefs.

Specifies that, upon submission of an application stating the applicant's conscientious objection and requesting a discharge or reassignment: (1) the burden of proof that the applicant does not have have a sincerely held conscientious objection shall lie with the armed forces; and (2) the application may not be rejected unless the Secretary concerned demonstrates by clear and convincing evidence that the applicant does not have such a sincerely held conscientious objection.

Sets forth provisions with respect to: (1) the availability of of information regarding application procedures and rights, protections, and obligations afforded to members applying for conscientious objector status; (2) the filing of a notice of intent to file a claim for such status; (3) the right to legal counsel; (4) the filing of the application; (5) appointment of an investigating officer; (6) the convening of an adjudication panel; and (7) judicial review of the panel's decision.

Specifies that, in the case of a member who files such application and with respect to whom court martial proceedings are pending arising out of the member's objection to participation in war: (1) the member shall have the right to elect that all such court martial proceedings be held in abeyance pending final determination of the application; (2) if the application is approved, such charges shall be dismissed in conjunction with the discharge of the member; and (3) if the application is denied, the stay of the court martial proceedings shall be lifted.

Prohibits: (1) a discharge under this Act from being made with a characterization of service other than that which the member would have received without reference to the conscientious objection claim; and (2) the separation document issued to the member from including any notation that would provide the basis for discrimination or which would otherwise differentiate that person from members discharged under other provisions of law. Specifies that the reenlistment code for such person shall be R-2 unless a lesser designation is warranted by the character of the member's service without regard to the conscientious objection application.